Exclusion Clauses Cases Flashcards
Case which shows incorporation of EC by notices.
MALBOROUGH HOTEL CASE 1949.. Case where hotel was booked. Lady’s coat got stolen from her room. She claimed damages. The hotel attempted to disclaim liability as there was a notice saying that the people should keeps items in a safe custody to the manager. The court held that the hotel couldn’t reply on exclusion clause as the contact was formed on the reception desk n customers weren’t aware of this notice.
Case that shows incopration of terms by signature to be misrepresentated
Curts V chemical cleaning
Claiming took wedding dress for cleaning signed contract which said that if any damage on dress occurs they are not liable. When the girl asked the shop worker said that its only referring to damage on sequins. The dress got bad staining. Claimant sued for damages. The dry cleaner attempted to reply on EC. THE CLAIM was successful.
