December 4, 2008
Olley v Marlborough Court Ltd [1949] 1 KB 532 [1949] 1 All ER 127,CA
In this case,the contract was already completed at the reception.The ratio decidendi for this case is that all terms and conditions must be brought to the notice of the other party before the contract is signed.Once it is signed,no party in entitled to bring any new terms into the contract.If any terms are offered, then there must be a new offer which the other party is entitled to accept or reject.In Olleys case, only when the Plaintiff was climbing the stairs did he see another new term- another exclusion clause. The Court held that this new clause was not valid. - Happy Studying & Good Night.
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