Lord Denning MR, a renowned English judge, is well-known for his judgments that often emphasized fairness and justice over strict adherence to legal formalities. In the context of general conditions mentioned in tickets, Lord Denning's perspective is famously illustrated in the case of Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163.
In this case, Lord Denning MR addressed the issue of whether a notice of terms and conditions, which was displayed on a ticket issued by an automatic machine, could be considered as part of the contract between the parking company and the customer. His judgment highlighted the principle that for terms and conditions to be binding, they must be brought to the attention of the customer before or at the time of the contract formation.
Lord Denning MR famously stated that the more unusual or onerous a term is, the more clearly it must be brought to the attention of the other party. In the case of tickets, he argued that simply printing terms on the back of a ticket, which is received after the contract is formed (i.e., after the customer has paid and received the ticket), is insufficient to incorporate those terms into the contract.
This perspective underscores the importance of ensuring that customers are made aware of any significant terms before they are bound by them, promoting transparency and fairness in contractual dealings.
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