Thornton v Shoe Lane Parking Ltd (1971) affirmed that terms must be clearly communicated before a contract is formed. When a ticket issued by an automated machine attempted to exclude certain clauses, the court held it ineffective as contractual terms cannot be imposed post-acceptance.
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🏛️ Court: Court of Appeal (Civil Division) 🗓️ Judgment Date: 18 December 1970 🗂️ Where Reported: [1971] 2 Q.B. 163; [1971] 2 W.L.R. 585; [1971] 1 All E.R. 686 📍 Jurisdiction: United Kingdom
⚖️ Legal Principles
1️⃣
Timing of Contractual Terms: Contractual terms must be presented and accepted before or at the time of contract formation. Any terms introduced after acceptance, such as on a ticket issued by a machine, are invalid. This principle ensures fairness in contract formation.