Exclusion clauses
Exclusion clauses

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Exclusion clauses

2.2.2 Previous course of dealings

In some situations a consistent previous course of dealings between the parties is sufficient to constitute reasonable notice. For example, in J Spurling Ltd v Bradshaw [1956] 2 All ER 121, the plaintiff received a receipt for storage charges, containing an exclusion clause, from the defendant. Although this was sent after the contract for storage was made, the plaintiff had entered into a number of contracts with the defendant previously and had received similar receipts with the same clause on them. The court, therefore, held that he was bound by the exclusion clause.

However, the case of McCutcheon v David MacBrayne Ltd [1964] 1 All ER 430 held that this only applies if the course of dealing has been consistent.


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