''O’Brien v MGN Ltd'' EWCA Civ 1279
is an English contract law">001
EWCA Civ 1279
is an English contract law case, concerning incorporation of terms through reasonable notice.

Facts

The defendant put scratchcards with its newspapers-- ''Daily Mirror'', ''Sunday Mirror'' and ''The People''. If the card came up with money, players called a premium rate number to see if the amount matched a mystery bonus cash amount. Mr O’Brien on 3 July 1995 got two sums of £50,000. 1472 other people did as well, because MGN had distributed too many by mistake. MGN had only intended to have one prize of £50,000. MGN held a draw among the 1472. MGN pointed to "Rule 5", which said there would be a draw where more prizes were claimed than available. Rule 5, however, although published in some newspapers, was not to be found in the 3 July 1995 edition. This only said ‘Normal Mirror Group rules apply.’ Mr O’Brien had seen that. The question was whether Rule 5 was incorporated into the scratchcard agreement.

Judgment

Hale LJ held that Rule 5 was incorporated. She noted that Rule 5 was no big burden on the claimant like in Interfoto nor excluding liability for injury like Thornton, but simply deprived a windfall. She also noted that in the test for incorporation, the words ‘onerous or unusual’ are not ‘terms of art’.

001 001, O01, or OO1 may refer to: *1 (number), a number, a numeral *001, fictional British agent, see 00 Agent *001, former emergency telephone number for the Norwegian fire brigade (until 1986) *AM-RB 001, the code-name for the Aston Martin Valkyrie ...

EWCA Civ 1279, 3/ref> Potter LJ concurred with Hale LJ. Sir Anthony Evans was doubtful that judge’s reasons were right and thought the rule was onerous enough to require more notice.

Notes

{{reflist, 2 English contract case law Court of Appeal (England and Wales) cases 2001 in case law 2001 in British law Incorporation case law

Facts

Judgment

See also

Notes