Citation(s) [1940] 1 KB 532 | ||
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Judge(s) sitting Slesser LJ, Mackinnon LJ and Goddard LJ Court Court of Appeal of England and Wales Similar Thornton v Shoe Lane Parking Ltd, Olley v Marlborough Court Ltd, Parker v South Eastern R, L'Estrange v F Graucob, J Spurling Ltd v Bradshaw | ||
Chapelton v barry udc
Chapelton v Barry Urban District Council [1940] 1 KB 532 is an English contract law case on offer and acceptance and exclusion clauses. It stands for the proposition that a display of goods can be an offer, rather than an invitation to treat, and serves as an example for how onerous exclusion clauses can be deemed to not be incorporated in a contract.
Contents
Facts
David Chapelton went to a beach with his friend, Miss Andrews, at Cold Knap. There was a pile of deckchairs. A notice next to them said,
"Barry Urban District Council. Cold Knap. Hire of chairs 2d. per session of 3 hours."
It also said tickets should be obtained from attendants. Mr Chapelton got two chairs from an attendant, paid the money and got two tickets. He put them in his pocket. On the ticket was written,
"Available for three hours. Time expires where indicated by cut-off and should be retained and shown on request. The council will not be liable for any accident or damage arising from the hire of the chair."
When Mr Chapelton sat on the chair it gave way, the canvas tearing from the top of the chair. He was injured. The County Court judge held the council was negligent but that liability was exempted by the ticket. Mr Chapelton appealed.
Judgment
The Court of Appeal affirmed Mr. Chapelton's claim. The court determined that a valid offer was made when the chairs were displayed, and acceptance occurred when Mr. Chapelton picked up the chairs from the defendant. Consequently, the ticket he received was considered a mere receipt of the contract. Therefore, the exclusion clause printed on the ticket could not be incorporated as a term of the contract, as it was provided after the contract had already been formed. Slesser LJ was the first to review the facts and deliver his judgment.