In this case a person wished to use a deck chair. On the beach was a pile of chairs and a nearby notice which stated “hire of chairs 2d per session of 3 hours – Public requested to obtain ticket from attendant”. The plaintiff took a chair and obtained a ticket. He then went to sit down and fell through the canvas. The judge would have found for P, but said that the wording on the ticket, “The council will not be liable for any accident or damage arising from hire of the chair” obliged him to find for D.”
Held: On appeal it was decided there was no restriction on the notice because the ticket (which might not be obtained at the same time as the hiring of the chair), could not modify the terms of the contract.
Chapelton v Barry UDC (1940)
30
May
