The prospective passenger on a steamer to cross the Atlantic, in exchange for his cheque, received an envelope containing a ticket. On the envelope, with a hand pointing to them, were these words printed in capitals – ‘Please read conditions of the enclosed contract.’ On the ticket itself was printed: ‘Notice. This ticket is issued to and accepted by the passenger subject to the following conditions,’ and, after the conditions, at the foot of the document, in capital letters: ‘Passengers are particularly requested to carefully read the above contract.’ Held (aff. judgment of the Second Division) that the steamship owners had done all that could reasonably be required of them to bring the conditions of the contract under the notice of the prospective passenger, who consequently was bound by them.
Judges:
Lord Chancellor (Finlay), Viscount Haldane, Lord Dunedin, and Lord Parmoor
Citations:
[1918] UKHL 605, 55 SLR 605
Links:
Jurisdiction:
Scotland
Contract
Updated: 09 June 2022; Ref: scu.631482