Chapelton v Barry UDC (Exclusion Clauses)
Mr Chapelton went to a beach run by Barry UDC. See saw deckchairs. A notice next to them said,
"Barry Urban District Council. Cold Knap. Hire of chairs 2d. per session of 3 hours ... tickets should be obtained from attendants."He got two chairs from an attendant, paid the money and got two tickets. He put them in his pocket. On the ticket was written,
"Available for three hours. Time expires where indicated by cut-off and should be retained and shown on request. The council will not be liable for any accident or damage arising from the hire of the chair."When he sat on the chair it gave way and he was injured. Would the exemption clause work? The Court of Appeal held that Barry UDC made an offer when the chairs were on display, Mr Chapelton accepted when he picked up the chairs from the defendant, and the ticket was merely a receipt of the contract, so the exclusion clause could not be incorporated as a term, because it was too late.