Ratio Decidendi
Terms displayed after the contract is formed are not incorporated into it. The contract is formed at the point of agreement (e.g., at the reception desk), not when the parties later encounter the terms.
Fakty
The plaintiff booked into a hotel. In the bedroom there was a notice excluding liability for loss of valuables unless deposited with management. Furs were stolen from the room.
Podsumowanie orzeczenia
The Court of Appeal held that the contract was formed at the reception desk when the booking was made. The exclusion notice in the bedroom came too late to be incorporated into the contract. The hotel was liable.
Kluczowe cytaty
"The contract was made before the plaintiffs entered the bedroom and saw the notice."
— Singleton LJ
Późniejsze zastosowanie
Key authority that contractual terms must be brought to the parties' attention before or at the time the contract is made.