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Hollier v Ramber Motors

[1972] 2 QB 71

Case summary last updated at 01/01/2020 18:45 by the Oxbridge Notes in-house law team.

Judgement for the case Hollier v Ramber Motors

P left his car with D to be repaired 4 times in 5 years and on the first three occasions had been asked to sign an invoice excluding D from liability. On the 4th time he was not asked to and his car was destroyed in a fire at D’s garage. D tried to rely on the fact that in their previous dealings P had signed the exclusion clauses. CA allowed P’s claim on the grounds that the dealings between D and P were not frequent enough to constitute a course of dealing. 

 Salmon LJ: Knowledge is needed of the clause to import it into the main contract + in McCutcheon the dealings were too infrequent to constitute a course of dealing, then certainly there is no course here, where it is even less frequent. 

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