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Thornton v. Shoe Lane Parking : ウィキペディア英語版
Thornton v Shoe Lane Parking Ltd

''Thornton v Shoe Lane Parking Ltd'' () (EWCA Civ 2 ) is a leading English contract law case. It gives a good example of the rule that a clause cannot be incorporated after a contract has been concluded, without reasonable notice before. Also, it was held that an automatic ticket machine was an offer, rather than an invitation to treat.
Although the case is important for these two propositions, today any exclusion of negligence liability for personal injury by businesses is prohibited by the Unfair Contract Terms Act 1977 s 2(1) and the Unfair Terms in Consumer Contracts Regulations 1999 Sch 2, para(a).
==Facts==
Francis Thornton, "a free lance trumpeter of the highest quality", drove to the entrance of the multi storey car park on Shoe Lane, before attending a performance at Farringdon Hall with the BBC. He took a ticket from the machine and parked his car. It said

"this ticket is issued subject to the conditions of issue as displayed on the premises".

And on the car park pillars near the paying office there was a list, one excluding liability for

"injury to the Customer… howsoever that loss, misdelivery, damage or injury shall be caused".

Three hours later he had an accident before getting into his car. The car park argued that the judge should have held the matter regulated by this contract, not tort.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「Thornton v Shoe Lane Parking Ltd」の詳細全文を読む



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