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This case ([1972] 2 QB 71,2 WLR 401) demonstrates that the incorporation of an Exclusion clause into a contract by means of a history of past transactions will be defeated if the past transactions were occasional.

Mr Hollier took his car to Rambler's garage for service. The garage caught fire and the car was damaged. Hollier sued for damages, and Rambler defended on the basis of an exclusion clause in their invoices. Hollier claimed that the invoice was not part of the contract; the contract was made verbally and no exclusion was operative. Rambler claimed that the clause was incorporated by previous dealings: had Mr Hollier read the invoice he would have seen the terms of business. It was ruled that three or four dealings in the past five years was insufficient to establish a course of dealings, and that the garage was therefore liable. In a case where both parties were businesses the court may have found differently.