Taylor v Glasgow Corp [1952] ScotCS CSIH_1 (23 July 1952)

Taylor v Glasgow Corp [1952] ScotCS CSIH_1 (23 July 1952)

The defenders did not do what was reasonably sufficient to give the pursuer notice of the exclusion condition on the ticket; the ticket was reasonably regarded as a voucher or receipt, not as a contractual document incorporating conditions, and there was no evidence that the public regarded it otherwise.

Citation
[1952] ScotCS CSIH_1
Parties
Pursuer: Taylor; Defender: Glasgow Corporation
Jurisdiction
Scotland
Judgment Date
23 July 1952
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Inner House
Outcome
appeal refused
Legal Topics
Exclusion Clauses, Notice of Contractual Terms, Public Liability, Ticket Cases
Contract Law Tort Law Exclusion Clauses Notice of Contractual Terms Public Liability Ticket Cases

Case Brief

Summary, issues, holding and outcome

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Parties

Taylor

Pursuer

Glasgow Corporation

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Inner House

Legal Issues

  1. 1 Whether the defenders did what was reasonably sufficient to give the pursuer notice of the exclusion condition on the ticket
  2. 2 Whether the ticket issued constituted a contract incorporating the exclusion clause

Ratio Decidendi

The defenders did not do what was reasonably sufficient to give the pursuer notice of the exclusion condition on the ticket; the ticket was reasonably regarded as a voucher or receipt, not as a contractual document incorporating conditions, and there was no evidence that the public regarded it otherwise.

Court Disposition

appeal refused

Orders

  • Sheriff's decision in favour of the pursuer affirmed