Law 2101 Chapter Notes - Chapter 15: South Eastern Railway, Uk, Class Action
Tuesday March 1st: CT-23 – CT-33
7. STANDARD FORM CONTRACTS AND EXCLUSION CLAUSES
Parker/Gabell v. South Eastern Railway Company
• Plaintiff in each case deposited a bag in a cloak room at railway station
o Both bags were lost
▪ Question was whether it could be assumed people would read ticket
where it says they are not responsible for lost bags
Tilden Rent a Car v. Clendenning
• Clendenning rented a car and signed rental agreement which has exclusion clause
denying coverage for alcohol related accidents
o Later Clendenning hit a pole after having drank and tried to collect from
insurance to pay for damages
▪ Court said he could collect from insurance because renters often do not
read contracts because they are in a rush
Rudder v. Microsoft Corp
• Class action suit on behalf of MSN subscribors in Canada for improperly charging credit
cards
o Microsoft argued contract between them and consumers had a selection clause
that gave exclusive jurisdiction to Washington state to resolve issues
▪ Court found clause was enforceable because subscribers clicked ‘I agree’
button
Tercon Contractors Ltd. v. British Columbia
• BC issued request for expressions of interest for design and construction of highway
o Brentwood entered in agreement with other construction company that was not
a qualified bidder to undertake work as joint venture
▪ Court found that because this was a joint venture and the province new
about it, they breached the previsions of contract by allowing ineligible
bidder.
