It has been suggested that the decision may have been different if the company had been aware of the plaintiff's inability to read, as it would then have been clear that simply handing over the ticket did not amount to reasonable notice. This appears to have been given judicial support in Harvey v Ventilatorenfabrik Oelde GmbH (1988) 8 Tr L 138 where the contract was written in German, and an exclusion clause was inserted without the knowledge of the other party. The party relying on the clause knew that the other could not read the language in which the clause was expressed. The Court of Appeal held that [...].
Answer
the clause in question had not been incorporated
Tags
#contract #exemption #law
Question
It has been suggested that the decision may have been different if the company had been aware of the plaintiff's inability to read, as it would then have been clear that simply handing over the ticket did not amount to reasonable notice. This appears to have been given judicial support in Harvey v Ventilatorenfabrik Oelde GmbH (1988) 8 Tr L 138 where the contract was written in German, and an exclusion clause was inserted without the knowledge of the other party. The party relying on the clause knew that the other could not read the language in which the clause was expressed. The Court of Appeal held that [...].
Answer
?
Tags
#contract #exemption #law
Question
It has been suggested that the decision may have been different if the company had been aware of the plaintiff's inability to read, as it would then have been clear that simply handing over the ticket did not amount to reasonable notice. This appears to have been given judicial support in Harvey v Ventilatorenfabrik Oelde GmbH (1988) 8 Tr L 138 where the contract was written in German, and an exclusion clause was inserted without the knowledge of the other party. The party relying on the clause knew that the other could not read the language in which the clause was expressed. The Court of Appeal held that [...].
Answer
the clause in question had not been incorporated
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Open it itten in German, and an exclusion clause was inserted without the knowledge of the other party. The party relying on the clause knew that the other could not read the language in which the clause was expressed. The Court of Appeal held that <span>the clause in question had not been incorporated.<span><body><html>
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