Chapelton v Barry Urban District Council (1940)
Created by mike on 21 October 2009, at 16:17
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This case (Chapelton v Barry Urban District Council [1940] 1 KB 532) demonstrates the distinction between a Contract and a receipt for the purposes of incorporation of an Exclusion clause. Mr Chapelton and his girlfried hire deck-chairs for the beach at Barry, at a cost of tuppence (two imperial pence). The deck-chair attendant gave Mr Chapelton a piece of paper in receipt. On the paper was a term disclaiming liability for personal injury. Mr Chapelton's deck-chair collapsed, injuring his back; he made a claim for damages against the District Council. The latter drew attention to disclaimer. The court held that the paper issued to Chapelton was merely a receipt, not a contract. In this case, it was stressed, nobody could be expected to enter into legal relations on the strength of 2p. Actually, this isn't strictly true (see: Consideration), but it did allow the court to strike down an unfair exclusion clause. These days, of course, such a course of action would be unnecessary; the Unfair contract terms act (1977) disallows clauses that disclaim responsibility for personal injury arising out of negligence.Contributors This page was last modified on 23 December 2011, at 07:06.This page has been accessed 3,531 times.
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