What is the ratio in Thornton v Shoe Lane Parking?

Unusual or particularly onerous contract terms, especially those excluding liability for personal injury, require special notice to be effectively incorporated. The more unusual the term, the greater the notice required.

What did the court decide in Thornton v Shoe Lane Parking?

The Court of Appeal held the exclusion clause was not incorporated because the contract was formed before Thornton could see the terms, and insufficient notice was given of the personal injury exclusion.

Why is Thornton v Shoe Lane Parking important for contract law?

It established the 'red hand rule' requiring special notice for unusual terms and demonstrates judicial protection of consumers against unfair exclusion clauses before statutory regulation existed.

Premium Case

This case is available to Pro and Elite subscribers. Upgrade to access the full library of 500+ landmark cases.

Upgrade to Pro

← Back to Case Library

Premium Case

This case is available to Pro and Elite subscribers. Upgrade to access the full library of 500+ landmark cases.

Upgrade to Pro

← Back to Case Library