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Thornton v Shoe Lane Parking (1971)

Last modified: Thu Feb 23 16:37:38 2006

This case (Thornton v Shoe Lane Parking [1971] 1 All ER 686) demonstrates that for an ExclusionClause to be incorporated into a contract, other than by explicit agreement, the affected party must be given adequate warning. Mr Thornton parked his car in a commercial car park. The car park did display a sign to the effect that cars were parked at the owner's risk. As it happens it was Mr Thornton that was injured, not the car. The car park's terms of business were printed on the back of the ticket issued from the ticket dispenser but, it was ruled, this did not form part of the contract as the contract was concluded before the ticket was issued. The notice on the building was deemed insufficiently precise to allow a disclaimer of liability for injury. This case was one of many in which Lord Justice ` I-hate-exclusion-clauses' Denning used the rules of incorporation to defeat exclusion clauses that mitigated against consumers. These days such technical manoeuvres would be unncessary, as a contract term disclaiming liability for personal injury would be deemed void under the UnfairContractTermsAct1977.

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