''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 (Gi ...

1 KB 532, the "deckchair case",England and Wales Court of Appeal
Thornton v Shoe Lane Parking Ltd

970 Year 970 ( 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, the 70th yea ...

EWCA Civ 2, 18 December 1970, accessed 5 November 2020 is an English contract law case on

offer and acceptance Offer and acceptance are generally recognised as essential requirements for the formation of a contract, and analysis of their operation is a traditional approach in contract law. The offer and acceptance formula, developed in the 19th century, id ...

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 An invitation to treat (or invitation to bargain in the United States) is a concept within contract law which comes from the Latin phrase ''invitatio ad offerendum'', meaning "inviting an offer". According to Professor Andrew Burrows, an invitat ...

, 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 Cold Knap is a district of Barry in South Wales. Amenities Cold Knap is a coastal pebble beach (with some sand at low tide), approximately a mile west of the sandy beach at Barry Island, which attracts visitors during the summer months. It exte ...

, 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

deckchair A deckchair (or deck chair) is a folding chair, usually with a frame of treated wood or other material. The term now usually denotes a portable folding chair, with a single strip of Textile, fabric or Polyvinyl chloride, vinyl forming the back ...

s. 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 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.

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

Facts

Judgment

See also

Notes