What is the ratio in Interfoto v Stiletto Visual Programmes?

Onerous or unusual contract terms must be fairly and reasonably brought to the other party's attention to be validly incorporated. The more onerous the term, the greater notice required.

What did the court decide in Interfoto v Stiletto Visual Programmes?

The Court of Appeal held that the £5 daily fee term was not incorporated because it was onerous and had not been fairly brought to Stiletto's attention despite being in the written conditions.

Why is Interfoto v Stiletto Visual Programmes important for contract law?

It established a sliding scale for incorporation of contract terms based on their severity, protecting parties from unfair surprise while maintaining commercial certainty in standard form contracts.

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