#contract #exemption #law

Parker v South Eastern Railway Co (1876-77) LR 2 CPD 416

FACTS: The plaintiff deposited a bag in the defendant's cloakroom. He paid two pence and was given a ticket, on the face of which was printed: 'See Back'. On the back of the ticket was a printed notice saying that the company would not be responsible for loss of any item whose value was more than £10. The plaintiff's bag, which was worth more than £10, was lost and he brought an action for damages against the company. The plaintiff had not read the notice on the back of the ticket. The company pleaded the exemption clause. The jury were directed to consider whether the plaintiff had read or was aware of the exemption clause. The jury answered both these in the negative and accordingly judgment was entered for the plaintiff. HELD by the Court of Appeal on appeal by the defendant: The jury had been misdirected. The notice was clear and the ticket was a common form of contractual document. The relevant question for the jury was whether the company had taken reasonable steps to bring it to the plaintiff's attention.