T took ticket from auto-barrier at car park.
Ticket said issued subject to T&Cs.
These were displayed inside car park.
Included personal injury exemption clause.
T injured – car park 50% liable.
Court of Appeal held that where clause onerous and
unusual, party seeking to enforce must show condition brought sufficiently to
attention of other party.
unusual, party seeking to enforce must show condition brought sufficiently to
attention of other party.
Denning:
‘In order to give sufficient notice, it would need to
be printed in red ink, with a red hand pointing to it, or something equally
startling’
be printed in red ink, with a red hand pointing to it, or something equally
startling’
