McCutcheon v MacBrayne [1964]

McC wanted car taken on ferry.
Arranged this orally through his brother-in-law.
Due to MacB’s negligence, ferry sank.
Both McC and brother-in-law had contracted with MacB
before.
On those occasions (but not this), MacB had supplied
them with written T&Cs which contained exemption clause, which was
sometimes signed.
Incorporation by course of dealing?
House of Lords held not.
Lord Reid:
Judicial task is to decide what each was reasonably
entitled to conclude from attitude of the other.
Consistency in previous dealings is factor for courts
to bear in mind.
No consistent course of dealing here.