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O’Brien v MGN Ltd: CA 1 Aug 2001

A newspaper offered a scratch card competition. By mistake, the cards awarded more prizes than anticipated. They sought to rely upon the rules, which would allow them to carry out a further draw to allocate the prize. The claimant sought to have the rules excluded since they had not been printed in the newspaper that day.
Held: The rules were incorporated. The card indicated on its face that the award was subject to rules. They were neither particularly onerous nor unusual nor outlandish, and whilst the paper might have done more to provide access to the rules, they had reasonably done enough.

Judges:

Lady Justice Hale, Lord Justice Potter, Sir Anthony Evans

Citations:

Times 08-Aug-2001, [2001] EWCA Civ 1279, [2002] CLC 33

Links:

Bailii

Jurisdiction:

England and Wales

Contract

Updated: 01 June 2022; Ref: scu.159873

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