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McCutcheon v David MacBrayne Ltd, 1964 SC (HL) 28


D sends car by boat. D had done so many times before. D gets presented w/ doc with many conditions in fine print that he never read cause it would take too long. P never got D to sign this time. The boat crashed


Past dealings are irrelevant, for conditions to be imposed on P they must be in the contract between P and D, unless it can be proved that in the previous dealings P had actual knowledge of the conditions.
**Previous dealings are relevant only if they prove knowledge (or by clear implication) of the terms, actual not constructive
**Onus are party trying to rely on the clause


This is the question for unsigned doc cases - Did they do what was reasonable to bring it to the attention of the other party?

If you are doing something to limit your liability then you must make it clear to the consumer then you are limiting your liability. You can’t bring conditions into a contract unless brought in by clear expression, incorporation, or implication

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