Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd
[1989] QB 433
Ratio Decidendi
If a condition in a contract is particularly onerous or unusual, the party seeking to enforce it must show that it was fairly and reasonably brought to the other party's attention. Failure to give adequate notice means the clause is not incorporated.
Fapte
Interfoto sent transparencies to Stiletto with delivery notes containing a clause imposing a holding fee of £5 per transparency per day for late return (far higher than the industry norm). Stiletto returned them late and was invoiced £3,783.50.
Rezumatul hotărârii
The Court of Appeal held that the clause was not incorporated. It was extravagant and unreasonable, and insufficient steps had been taken to draw it to the defendant's attention. The claimants were entitled to a reasonable sum on a quantum meruit basis instead.
Citate cheie
"If one condition in a set of printed conditions is particularly onerous or unusual, the party seeking to enforce it must show that that particular condition was fairly brought to the attention of the other party."
— Bingham LJ
Tratament ulterior
Leading authority on the incorporation of onerous terms. Applied in O'Brien v MGN [1995] and numerous subsequent cases.