Thornton v Shoe Lane Parking

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Thornton v Shoe Lane Parking, [1971] 1 All ER 686 is a famous English case on contract law written by Lord Denning. The case states that for an exclusion clause to be incorporated into a contract the party drafting the contract must give the affected party sufficient notice.

[edit] Background

Mr. Thornton had parked his car in a car park owned by Shoe Lane Parking. Inside the car park were signs indicating that the drivers were using the park at their own risk. The terms of the agreement between the car park owner and the drivers was written on the back of the ticket issued from a dispenser at the entrance.

While using the car park, Mr. Thornton was injured. He sued for damages. Shoe Lane Parking relied upon the exclusion clause in the terms of the agreement.

[edit] Opinion of the Court

Lord Denning ruled that the exclusion clause did not form part of the valid contract. The true moment that the contract was formed was before the ticket was dispensed and so the terms on the back of the ticket did not apply.

Denning further found that the warning posted within the car park was insufficient.