Law 5110 Lecture Notes - Lecture 35: Dick Bentley, Vending Machine
Document Summary
Appeal decided that due to the expertise of the car seller, this was a term as the claimant had relied upon his expertise (therefore damages were payable for a breach of contract). The tickets also stated they were subject to terms and conditions displayed on the platform. The claimant was illiterate and could not read the signs. She argued that the exclusion clause was not incorporated into the contract as the railway company had not brought the clause to her attention at the time the contract was made. There is only a requirement to take reasonable steps to bring the clause to the attention of a reasonable person. There was no duty to ensure that every traveller was aware of the clause. Each time he delivered goods to the warehouse he was asked to sign an invoice which contained an exclusion clause. This invoice came after the contract had been agreed.
