Contract Case Information: Law Of Contracts And Ticket Cases

TITLE AREA: law of contract Case Information
SPECIFIC AREA OF LAW: - Unsigned Contracts/Ticket Cases (imposed terms)
BACKGROUND
Contract: a contract is a lawful agreement between two or more parties within their contractual capacities, communicating their intentions to each other, without vagueness, being of the same mind and seriously intending to create legal obligations which are possible in performance.
Ticket cases: these refer to notices, tickets and other unsigned documents.
Imposed terms: are the terms put on the other party without his or her concern
CONDITIONS OR GENERAL RULE A court must make an enquiry to ascertain:-
• Whether all the essential elements that make up a valid contract in implied terms are there or if the contract is void, voidable or valid.
• Whether Font must be of good size
• Whether the Commercial paper is used as per requirement.
• whether the printing on a ticket was clear or not clear and not partly obscured or obscured,
• Whether the recipient of the ticket was made aware

If that is so, then the ticket-holder is bound by those terms; if not, then the court will return to the general test of whether reasonable notice of the terms was given.
CITATION (1)
The case of Parker Vs The South Eastern Railway Company (1877) illustrates the restrictions on this concept where Parker and Gabell checked their luggage on a train. The two were given tickets with a number on one side, and small print on the other side. The small print stated that the railway would not be responsible for bags lost worth more than 10 pounds. Both respondents had received the tickets before but had never read the small print. They both lost their bags, and brought actions against South Eastern for the value of the bags and their contents both were greater than 10 pounds.