Thornton V. Shoe Lane Parking Ltd - Case Note

Thornton v. Shoe street Parking Ltd [1971] 2 QB 163; [1971] 1 each(prenominal) ER 686; [1970] EWCA Civ 2 England and Wales courtroom of Appeal The appellant Shoe bridle-path Parking is appealing the decision of the pantywaists use up on the home that the judge should have determined that the delicately was a contractual document and that the plaintiff should have takings or known of the conditions of the contract. Facts: The plaintiff Mr Thornton drove his railroad motor simple work to an self-regulating parking garage. There was a notice on the after-school(prenominal) showing the charges for parking which stated that cars were parked at proprietors risk. After driving up to the entrance, he similarlyk the shape produced slate and drove into the garage and parked. Mr Thornton returned to collect his car and was severely injured in an accident. He sued for damages. Issues: Were the exemption basis on the back of the ticket includ ing the conditions displayed on the premises flaw of the contract and were these conditions sufficient to remove liability from the defendants? Decision: The lawcourt of Appeal dismissed the appeal with costs. The earlier decision of the tabbys Bench was a b defecate of duty by the defendants.

Reasoning: Lord Denning, Lord Megaw and Sir Gordon Willmer considered other ticket cases where customers were reach a ticket and had the ability to refuse and/or recompense entering into the contract if they did not accept the terms. They discussed the difference in this case of the automatic machine-issued ticket which disallowed the plaintiff from a! sking for his position back. Similarly, the judges explained that it was unreasonable to expect Thornton to read the conditions on the ticket and look for additional notices on the premises. The defendants offer was the charges listed near the machine and Thorntons acceptance was inserting money into the machine for payment of the ticket. Mr Thornton was funk by these terms and no others so the ticket came in any case late. Lord Denning and Lord Megaw...If you want to get a fully essay, order it on our website: OrderCustomPaper.com

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