''Parker v South Eastern Railway'' 8772 CPD 416 is a famous

English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...

contract law 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 tran ...

case on

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 limi ...

s where the court held that an individual cannot escape a contractual term by failing to read the contract but that a party wanting to rely on an exclusion clause must take reasonable steps to bring it to the attention of the customer.

Facts

Mr Parker left a bag in the cloakroom of

Charing Cross railway station Charing Cross railway station (also known as London Charing Cross) is a central London railway terminus between the Strand and Hungerford Bridge in the City of Westminster. It is the terminus of the South Eastern Main Line to Dover via Ashf ...

, run by the South Eastern Railway Company. On depositing his bag and paying two pence he received a ticket. On the front it said "see back". On its back, it stated that the railway was excluded from liability for items worth £10 or more. Mr Parker failed to read the clause as he thought the ticket was only a receipt of payment. However, he admitted that he knew the ticket contained writing. Mr Parker's bag, which was worth more than £10, was lost. He sued the company. The question of law put to the court was whether the clause applied to Mr Parker. At trial the jury found for Mr Parker as it was reasonable for him not to read the ticket.

Judgment

Divisional Court

Lord Coleridge CJ John Duke Coleridge, 1st Baron Coleridge, PC (3 December 1820 – 14 June 1894) was an English lawyer, judge and Liberal politician. He held the posts, in turn, of Solicitor General for England and Wales, Attorney General for England and Wales, ...

, Brett J and Lindley J decided in favour of Mr Parker, upholding the jury award. Lindley J remarked,

Court of Appeal

The majority of the Court of Appeal held there should be a retrial. They said that if Mr Parker knew of the conditions he would be bound. If he did not know, he would still be bound if he was given the ticket in such a way as amounted to "reasonable notice".

Mellish LJ Sir George Mellish, PC (19 December 1814 – 15 June 1877) was an English barrister, judge of the Court of Appeal in Chancery, and member of the Judicial Committee of the Privy Council. Early life Born at East Tuddenham, Norfolk, Mellish was ...

said the following.

Baggallay LJ Sir Richard Baggallay PC (1816 – 1888) was a British barrister, politician, and judge. After serving as Attorney-General under Benjamin Disraeli from 1874 to 1875, Baggallay was appointed a Lord Justice of Appeal in Chancery (Lord Justice o ...

concurred, and predicted that the same result would be reached by the jury (in Mr Parker's favour).

Bramwell LJ George William Wilshere Bramwell, 1st Baron Bramwell, (12 June 1808 – 9 May 1892), was an English judge. Early years He was the eldest son of George Bramwell (1773–1858), a partner in the banking firm of Dorrien, Magens, Dorrien, & Mello; h ...

dissented, holding that reasonable notice should be a question of law, and that held have decided in favour of the railway company.

Notes

{{Reflist 1877 in case law Baron Bramwell cases English incorporation case law Lord Lindley cases 1877 in British law Court of Appeal (England and Wales) cases Railway litigation in 1877

Facts

Judgment

Divisional Court

Court of Appeal

See also

Notes