ticket cases


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ticket cases

a convenient name given to cases that relate to the effect of writing on tickets, such as those given by railway companies, deck-chair attendants or parking companies. The cases arise from a reluctance of courts to enforce the letter of contracts where the party issuing the ticket is escaping liability on the basis of a term included on a ticket. In theory, the ticket is treated as an offer and it is up to the customer to reject it. These cases arose before the UK Parliament intervened to pass the UNFAIR CONTRACT TERMS Act 1977 and the European Union promoted legislation against unfair contracts. So far as the common law is concerned, the limitation clause must be contained in a document having contractual effect. The ticket cannot include conditions if the contract has already been formed.