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Thornton v Shoe Lane Parking

[1971] 2 QB 163

Case summary last updated at 01/01/2020 18:34 by the Oxbridge Notes in-house law team.

Judgement for the case Thornton v Shoe Lane Parking

 P drove into D’s car park and parked. There were clauses written on the back of the ticket, not capable of being viewed before entering the car park (and paying for a ticket), stating that the car park would not be liable for injury to users caused by D. D’s negligence led to a car crash in which P was injured and he sued D. CA allowed P’s claim. 

 Lord Denning: The contract has already been formed by the time that the tickets are dispensed so any terms written on them are meaningless. The only way a P could be bound, is if he knows, or D gave reasonably sufficient notice, that the ticket would be issued subject to a certain type of condition e.g. “exemption condition” (simply stating “subject to conditions” is inadequate since P might consider that these would be mere regulatory conditions). 

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