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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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Court Court of Appeal
Citation(s) [1877] 2 CPD 416
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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