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Greetings Tutor. I hope you are doing well. So, i was going through the concept of exclusion clause. (Incorporation of an Exclusion Clause without signature).
And i decided to refer the judgement of Thornton v Shoe Lane Parking Ltd, available on Wikipedia.Which is as follows
“We have been referred to the ticket cases of former times from Parker v South Eastern Railway Co (1877) 2 CPD 416 to McCutcheon v David MacBrayne Ltd [1964] 1 WLR 125.
They were concerned with railways, steamships and cloakrooms where booking clerks issued tickets to customers who took them away without reading them. In those cases the issue of the ticket was regarded as an offer by the company. If the customer took it and retained it without objection, his act was regarded as an acceptance of the offer: see Watkins v Rymill (1833) 10 QBD 178, 188 and Thompson v London, Midland and Scottish Railway Co [1930] 1 KB 41, 47. These cases were based on the theory that the customer, on being handed the ticket, could refuse it and decline to enter into a contract on those terms. He could ask for his money back.”My question here is why in ticket cases the issue of the ticket was regarded as an offer by the company ?
I always believed that it is the passanger who makes an offer. which is then accepted by the Railway Company by issuing the ticket.
Can you please help me in this.“Can I buy a single ticket to Manchester, please?”
“Here’s your ticket. That will be £7.20, please”
“Here is £10”
“Thank you, here’s your change”
At the stage of “Here is £10” the passenger could say “WHAT!? No way am I paying £7.20. I would rather walk” and then leave
So the offer of “Here’s your ticket. That will be £7.20” is the offer.
Before that, “Can I buy a single ticket to Manchester?” is either an invitation or an enquiry., more likely an invitation. Both situations result in the booking office employee making the offer.
Does that do it for you?
Thankyou Tutor! Finally got clear with the logic of Ticket Cases. 🙂
I also have another question relating to Contact Law, although not highly relevant, so would ask it here only. Imagine i enter into a contract with Mr. X but before the due date i inform him that i would not be able to fulfill my side of Contractual Obligation (i.e. an Anticipatory Breach), but Mr X decides to affirm the contract and decides to wait till the due date..
What if on the due date Mr.X commits an Actual Breach of contract can i sue him for breach of contract?But you have already given him notice of anticipatory breach!
Who breached first?
I imagine that you should consider yourself fortunate that he didn’t sue you immediately you notified your intention.
I believe that the Court would likely look at this and say that you were both well out of the contract
Is that OK?
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