EXEMPTION CLAUSE

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EXEMPTION CLAUSE
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• Deposit goods in a locker
• Bus ticket
• Parking lot
• Cinema
• Buy a hand phone

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• Exempted a party from liabilities
• Brought to the customers attention at the time
  of making the contract
• Consumer has no time/energy to read the printed
  words
• If reads, would probably not understand
• Dispute arises, the rights have been excluded

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REQUIREMENTS

• Notice must be contemporaneous / simultaneous
  with the contract
• Notice must be reasonably sufficient

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contemporaneous

• To be effective, it must be brought before or at
  the time of the agreement.
• If not, the notice cannot be enforced by the
  court.

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Olley v Marlborough Court Ltd

• The ptf her husband booked a hotel room and
  paid for a weeks lodging in advance
• At the hotel, they saw a notice not responsible
  for any loss
• Due to the negligence of the staff, a thief went
  into the room and stole some of their properties.
• Held the notice was not part of the contract

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Goh Gok Hoon v Eusoff Bros S/B

• The app. let premises out to the resp.
• No written agreement. Only a letter of acceptance
  from 1st resp and receipts issued to the 1st
  resp.
• The receipts stated a prohibition to sublet the
  premises.
• The app claimed for vacant possession on the
  ground that resp had sublet the premises.

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Reasonably sufficient

• If the party knew that there was writing
  condition on the ticket, but did not know or
  believe that the writing contained conditions, he
  will nevertheless be bound if the party seeking
  to rely on the clause has done what was
  reasonably sufficient in the circumstances to
  bring it to his notice.

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Parker v. South Eastern Rly Co

• Deposited a bag.
• Received a ticket, stated below see back
• Limit the liability for any damage to 10.
• The bag was lost and the plaintiff claimed 24
  10s.

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Thomson v. LM Rly Co

• On the face of the ticket was written words For
  conditions see back
• Contained a condition exempting the company from
  liability for injury.
• Due to the negligence of the railway co, the ptf
  was injured

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Richardson, Spence Co v. Rowntree

• Bought a ticket, contained a number of printed
  terms including one limiting the liability of the
  deft to 100.
• The ticket was handed to her folded up
• The conditions were obliterated in part by a
  stamp in red ink