Parker v South Eastern Railway (1877)
Created by 121.1.18.237 on 3 November 2009, at 10:53
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| Parker v South Eastern Railway |
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|
180px |
| Court |
Court of Appeal |
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| Citation(s) |
[1877] 2 CPD 416 |
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| Judge(s) sitting |
(1875-76) LR 1 CPD 618 |
This case (Parker v South Eastern Railway (1877) 2 CPD 416) demonstrates that while a person cannot escape the effect of an
Exclusion clause by failing to read the contract terms, it may be a defence to show that the propounder of the clause had not taken sufficient trouble to bring it to notice. The case concerns a railway ticket, and an exclusion for liability printed on its back. Mr Parker claimed that he thought the ticket was merely a receipt, not a contractual document. The jury in the original trial found for Mr Parker, on the basis that his reasoning was sound. However, the CPD ordered a re-trial because this wasn't the case in point; the relevant issue was whether SER had taken reasonable steps to indicate that contractual nature of the ticket.
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