The test of whether a clause has been incorporated into a contract is ‘Has reasonable notice of the terms been given?’.
Judges:
Ackner LJ
Citations:
Unreported, 14 March 1985
Jurisdiction:
England and Wales
Cited by:
Cited – Laceys Footwear (Wholesale) Ltd v Bowler International Freight Ltd and Another CA 18-Apr-1997
The defendant’s driver had taken a consignment of shoes to Spain, where they were stolen. The plaintiff alleged his gross negligence amounted to ‘wilful misconduct’ so as to disapply an exemption clause.
Held: Whether a bailee’s acts . .
Cited – Circle Freight International Ltd v Medeast Gulf Imports Ltd CA 1988
The court considered the effect of a driver’s behaviour on the ability to claim under his insurance policy, on the basis that his behaviour would constitute ‘wilful misconduct’. Taylor LJ: ‘Mr Malins has sought to argue that although Huggins (the . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 31 May 2022; Ref: scu.187695
