Olley v Marlborough Court (1949)
Created by 121.1.18.237 on 3 November 2009, at 10:42
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| Olley v Marlborough Court Hotel |
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180px |
| Court |
Court of Appeal |
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| Citation(s) |
[1949] 1 KB 532 |
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| Judge(s) sitting |
Denning LJ, Singleton LJ and Bucknill LJ |
This case (Olley v Marlborough Court [1949] 1KB 532) demonstrates how an Exclusion clause that is not explictly written into a contract cannot be upheld unless the party it acts against had adequate notice.
Mrs Olley had her fur coat stolen from a locked root in the Marlborough Court Hotel. The Hotel tried to defend the ensuing claim for damages on the basis that there were notices in the bedrooms disclaiming liability for thefts. The court ruled that the contract was formed at the reception desk, and Mrs Olley could not have know the Hotel's policy. Therefore the exclusion clause wass struck out. Of course, if it could have been shown that Mrs Olley had visited the hotel regularly, and that she was aware of the terms under which it did business, the clause may have been allowed to stand.
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