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Ticket Cases
In contract law, ticket cases are a series of cases that stand for the proposition that if you are handed a ticket or another document with terms, and you retain the ticket or document, then you are bound by those terms. Whether you have read the terms or not is irrelevant, and in a sense, using the ticket is analogous to signing the document. This issue is an important one due to the proliferation of exclusion clauses that accompany tickets in everyday transactions. The case of '' Parker v. The South Eastern Railway Co'' (1877) 2 CPD 416 illustrates restrictions on this concept: * Knowledge of writing and of terms: If the recipient of the ticket knew that there was writing on the ticket and also knew that the ticket contained terms, then the recipient is bound by the terms of the contract. * Reasonable person: If the recipient did not know of the existence of the terms, then the court will consider whether a reasonable person would have known that the ticket contained terms. If tha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exclusion Clause
An exclusion clause is a term in a contract that seeks to restrict the rights of the parties to the contract. Traditionally, the district courts have sought to limit the operation of exclusion clauses. In addition to numerous common law rules limiting their operation, in England and Wales Consumer Contracts Regulations 1999. The Unfair Contract Terms Act 1977 applies to all contracts, but the Unfair Terms in Consumer Contracts Regulations 1999, unlike the common law rules, do differentiate between contracts between businesses and contracts between business and consumer, so the law seems to explicitly recognize the greater possibility of exploitation of the consumer by businesses. Types of exclusion clause There are various methods by which a party may seek to exclude or mitigate liability by use of a contractual term: * True exclusion clause: The clause recognizes a potential breach of contract, and then excuses liability for the breach. Alternatively, the clause is constructe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parker V
Parker may refer to: Persons * Parker (given name) * Parker (surname) Places Place names in the United States *Parker, Arizona * Parker, Colorado *Parker, Florida * Parker, Idaho * Parker, Kansas * Parker, Missouri * Parker, North Carolina * Parker, Pennsylvania * Parker, South Carolina *Parker, South Dakota * Parker, Texas in Collin County * Parker, Johnson County, Texas * Parker, Washington *Parker City, Indiana *Parker County, Texas *Parker Dam, at Lake Havasu on the Colorado River between Arizona and California *Parker Road (DART station), a light rail terminal on Parker Road in Plano, Texas * Parker School, Montana *Parker Strip, Arizona *Parker Township, Marshall County, Minnesota *Parker Township, Morrison County, Minnesota *Parker Township, Butler County, Pennsylvania *Parker Center, a former police building in Los Angeles Elsewhere * C. W. Parker Carousel, a Burnaby Village Museum exhibit in British Columbia, Canada * Mount Parker (Philippines), a Mindanao island volcano ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
L'Estrange V Graucob
''L'Estrange v F Graucob Ltd'' 9342 KB 394 is a leading English contract law case on the incorporation of terms into a contract by signature. There are exceptions to the rule that a person is bound by his or her signature, including fraud, misrepresentation and ''non est factum''. Lord Denning, as a young barrister, represented the company in this action, but later - for instance, speaking in Parliament in 1977 - made clear that he regarded the decision as wrong. Facts Miss Harriet Mary L'Estrange had a cafe in Great Ormes Road, Llandudno. Two travelling salesmen, Mr Page and Mr Berse, representing Mr Graucob's slot machine business in City Road, London, came to visit her. She was persuaded to purchase a cigarette machine and signed a document entitled 'Sales Agreement', stating: "Please forward me as soon as possible: One Six Column Junior Ilam Automatic Machine... which I agree to purchase from you on the terms stated below...." Further along, in small print, an exclusion ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Olley V Marlborough Court
''Olley v Marlborough Court Hotel'[1949] 1 KB 532is an English contract law case on exclusion clauses in contract law. The case stood for the proposition that a representation made by one party cannot become a term of a contract if made after the agreement was made. The representation can only be binding where it was made at the time the contract was formed. Facts Mrs Olley was a long-staying resident of the Marlborough Court Hotel, Lancaster Gate, London. As usual she left her room key on a rack behind the reception one day, but when she came back it was gone. Inside her room, her fur coat had been stolen. A witness called Colonel Crerer, who was sitting in the lounge, saw a person go in and come out again with a parcel fifteen minutes later. The porter had apparently been cleaning a bust of the Duke of Marlborough and failed to notice. Mrs Olley asked to be repaid for the cost of the coat. The hotel pointed to an exclusion clause on a notice behind a door in the bedr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thornton V
Thornton or ''variant'', may refer to: People *Thornton (surname), people with the surname ''Thornton'' *Justice Thornton (other), judges named "Thornton" *Thornton Wilder, American playwright Places Australia *Thornton, New South Wales * Thornton, Queensland, a locality in the Lockyer Valley Region * Thornton, South Australia, a former town * Thornton, Victoria Canada *Thornton, Ontario New Zealand * Thornton, Bay of Plenty, settlement in the Bay of Plenty * Thornton, Waikato, suburb of Hamilton * Thornton Bay, settlement on the Coromandel Peninsula South Africa *Thornton, Cape Town United Kingdom * Thornton, Angus, a location *Thornton, Buckinghamshire *Thornton, East Riding of Yorkshire *Thornton, Fife *Thornton, Lancashire * Thornton, Leicestershire *Thornton, Lincolnshire *Thornton, Merseyside * Thornton, Northumberland, a location *Thornton, Middlesbrough, North Yorkshire *Thornton, Pembrokeshire *Thornton, West Yorkshire *Thornton Abbey, Lincolnshire * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
