Chapleton v Barry, Facts, Issue, Decision, Important Points

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Decision:

It was held that the company can’t rely on the exclusion clause, as the clause was not incorporated properly into the contract. As the Board which was next to the chairs was an offer and acceptance was made when he got the chair.

So exclusion clause cannot be incorporated after the contract has been made. And furthermore a reasonable person would only see ticket as receipt and wouldn’t consider it as contractual document so it was no place to write a clause.

Important Points of Chapleton v Barry

  • This case is an exception to the rule of Display of goods. As Display of goods are an Invitation to treat (ITT), but here the display of chairs were considered as an offer
  • The exclusion clause must be brought into consideration before the contract is formed.
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