Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

Hollingworth v Southern Ferries

278 words (2 pages) Case Summary

07 Mar 2018 Case Summary Reference this LawTeacher

Jurisdiction / Tag(s): UK Law

Hollingworth v Southern Ferries [1977] 2 Lloyd’s Rep 70

Contract – Carriage by Sea – Exclusion Clauses – Incorporation of Terms

Facts

Wishing to go on a holiday, the claimant asked her friend and travelling companion to make arrangements. This friend went to a travel agent where he was given the defendant’s brochure, which stated that the ferry company’s conditions of carriage were printed inside the ticket covers.  A few weeks later the claimant’s friend bought the tickets. The conditions of carriage contained a general exclusion clause. Whilst at sea, the claimant was severely injured when her seat fell over in a storm.

Issues

Whether or not the defendants were liable in negligence. Whether or not the exclusion clause contained in the conditions of carriage could be considered incorporated into the agreement.

Decision/Outcome

The exclusion clause had not been incorporated into the agreement. The defendants were liable in negligence. The claimant Mrs Hollingsworth had not been shown the brochure by the defendants at the time the contract was made, nor before it was made. Whilst her friend had seen the brochure and knew, as a result, the conditions of carriage would be included on the ticket covers, this was not sufficient to incorporate the conditions of carriage into the contract itself. A statement in a brochure is not the same as seeing the conditions at the time the contract is agreed. It only gives the intending passenger notice of the terms they may expect to find when they do enter the contract. To be capable of incorporation, the terms on a printed notice must be presented to the other party at, or before, the contract is entered into.

LawTeacher

LawTeacher

LawTeacher.net is the UK’s leading provider of academic legal support, offering both writing services and an extensive collection of law study resources for students in the UK and overseas.

Founded in 2003 by Grey’s Inn graduate Barclay Littlewood, the Company was built on a commitment to excellence, with unique guarantees and a high standard of service from day one.

The team includes over 500 UK legally qualified writing experts, with many practising solicitors and barristers, and several former lecturers.

Areas of Legal Expertise

Contract Law Criminal Law Constitutional and Administrative Law EU Law Tort Law Property Law Equity and Trusts Jurisprudence Company Law Commercial Law Family Law Human Rights Law Employment Law Evidence Public International Law Legal Research and Methods Dispute Resolution Business Law and Practice Civil Litigation Criminal Litigation Professional Conduct Taxation Wills and Administration of Estates Solicitors’ Accounts

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: “UK Law”

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles

Prices from

£ 99

Estimated costs for: Undergraduate 2:2 • 1000 words • 7 day delivery

Place an order

Delivered on-time or your money back

Reviews.co.uk Logo (292 Reviews)

Rated 4.2 / 5

Give yourself the academic edge today

Each order includes

  • On-time delivery or your money back
  • A fully qualified writer in your subject
  • In-depth proofreading by our Quality Control Team
  • 100% confidentiality, the work is never re-sold or published
  • Standard 7-day amendment period
  • A paper written to the standard ordered
  • A detailed plagiarism report
  • A comprehensive quality report