This case is concerned with the exclusion clause and offer and acceptance chapter in contract law
Facts of Wilkie v London Passenger Transport Board
The claimant had a free- travelling pass. He was injured by the negligence of the bus company and was thrown out in act of boarding the pass.
There was an exclusion clause on the pass that stated that the bus company is excluded from any personal injury caused. The company wanted to rely on this clause
The claimant argued that the clause was for passengers and he was not the passenger of the bus
Whether the bus company can rely on the Exclusion clause or Not?
Firstly it was held that the exclusion clause is valid . But to this the claimant argued that.
The pass constituted a contract of conveyance and the condition there was rendered void by s.97 of the Road Traffic Act 1930.
To this the court said that there was no contract made and an exclusion clause is not valid.
Important Point of Wilkie v London Passenger Transport Board
- The exclusion clause must be incorporated before the contract is made.
- The contract on a platform is made when the bus conductor makes the offer, when he issues the ticket, and this offer is accepted by paying the fare and retaining the ticket.