Chapelton v Barry UDC [1940] 1 KB 532

Material Facts:

The claimant hired a deck chair from the defendant. There was a notice on the beach next to the deck chairs stating the terms of the hire, and which did not contain an exclusion clause. On payment for the chair, the claimant was handed a ticket which he put into his pocket without reading. The claimant got injured when he sat on the chair, and claimed damages. The defendant contended that the ticket contained an exclusion clause limiting the liability of the defendant for personal injuries arising from the use of the chair.

Issues:

1. Whether or not the exclusion clause contained on the ticket limits the liability of the defendant for injuries sustained by the plaintiff.

Holding:

1. That the exclusion clause did not limit the liability of the defendant for injuries sustained by the plaintiff.

Ratio Decidendi:

The court held that a reasonable person would construe the ticket as merely a receipt for the payment of the chair, and not a document containing contractual terms. The notice on the beach was deemed to contain the terms of the contract, but failed to include any exclusion clause. Therefore, the terms contained in the ticket (thus receipt) could not to be incorporated into the contract.