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Parker v South Eastern Railway [1877] 2 CPD 416

Facts:

P put bag in coat check and received paper ticket. On back of ticket it said company not responsible. P went back no bag. P never saw notice on the ticket

Issue(s):

Was P bound by the conditions on the ticket?

Ratio:

If he knew of the writing but did not know or believe there was conditions, he is still bound, if when delivered to him he could see the writing and there was reasonable notice given of these conditions – if no reasonable notice given then not bound.
**The onus is on D (the giver of the ticket) to do what is necessary to make him reasonably aware of the conditions.
**TEST: Have they done what is reasonable to bring it to their attention?
***What is reasonable depends on the circumstances

Analysis:

When document is signed it is immaterial if they have read the doc and its contents, in the absence of fraud – it will be enforceable.
When a doc w/o signature there must be evidence that the parties assented to it. If they have assented, in the absence of fraud, it is immaterial if they have read the doc or knew the contents of the doc.
If the person receiving the ticket did not see or know that there was any writing on the ticket he is not bound by the conditions.
If he knew of the writing and that it was conditions he is bound, whether he read them or not.


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