A person will not be bound by terms of a contract of which he has not received reasonable notice. Denning LJ: ‘I quite agree that the more unreasonable a clause is, the greater the notice which must be given of it. Some clauses which I have seen would need to be printed in red ink on the face of the document with a red hand pointing to it, before the notice could be held to be sufficient. The clause in this case, however, in my judgment, does not call for such exceptional treatment, especially when it was construed, as it should be, subject to the proviso that it only applies when the warehouseman is carrying out his contract – not when he is deviating from it.’
Judges:
Denning LJ
Citations:
[1956] 2 All ER 121, [1956] 1 WLR 461, [1956] EWCA Civ 3
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd CA 12-Nov-1987
Incorporation of Onerous Terms Requires More Care
Photographic transparencies were hired out to the advertising agency defendant. The contract clauses on the delivery note included a fee which was exorbitant for the retention of transparencies beyond the set date.
Held: The plaintiff had not . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 23 March 2022; Ref: scu.183121