''Chapelton v Barry Urban District Council''
940
Year 940 ( CMXL) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* The tribe of the Polans begins the construction of the following fortified settlements (Gie ...
1 KB 532, the "deckchair case",
[England and Wales Court of Appeal]
Thornton v Shoe Lane Parking Ltd
970
Year 970 (Roman numerals, CMLXX) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar, the 970th year of the Common Era (CE) and ''Anno Domini'' designations, the 970th year of the 1st millennium, ...
EWCA Civ 2, 18 December 1970, accessed 5 November 2020 is an
English contract law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...
case on
offer and acceptance and exclusion clauses. It stands for the proposition that a display of goods can be an offer and a whole offer, rather than an
invitation to treat, and serves as an example for how onerous exclusion clauses can be deemed to not be incorporated in a contract.
Facts
David Chapelton went to a beach with his friend, Miss Andrews, at
Cold Knap, a district of
Barry Barry may refer to:
People and fictional characters
* Barry (name), including lists of people with the given name, nickname or surname, as well as fictional characters with the given name
* Dancing Barry, stage name of Barry Richards (born c. 19 ...
in south Wales. There was a pile of
deckchairs. A notice next to them said,
It also said tickets should be obtained from attendants. Mr Chapelton took two chairs from an attendant, paid the money and received two tickets. He put them in his pocket. On the tickets was written,
When Mr Chapelton sat on the chair it gave way, the canvas tearing from the top of the chair. He was injured. The
county court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions (subnational entities) within a country, not to be confused with the medieval system of ''county courts'' held by the high ...
judge held the council would have been negligent but that liability was exempted by the ticket. Mr Chapelton appealed.
Judgment
The Court of Appeal upheld Mr Chapelton's claim, overturning the judgment at first instance; it held that there was a valid offer when the chairs were on display, accepted when picked up the chairs from the defendant. Therefore, the ticket was merely a receipt of the contract, and the exclusion clause could not be incorporated as a term, because it was too late. Slesser LJ read the facts and gave his judgment first.
See also
*''
Pharmaceutical Society of Great Britain v. Boots Cash Chemists (Southern) Ltd.''
Notes
{{reflist, 2
English incorporation case law
English unfair terms case law
Court of Appeal (England and Wales) cases
1940 in British law
1940 in case law
Barry, Vale of Glamorgan
20th century in Glamorgan