|Chapelton v Barry UDC
||Court of Appeal
|| 1 KB 532
||Slesser LJ, Mackinnon LJ and Goddard LJ
Chapelton v Barry Urban District Council  1 KB 532 is an English contract law case on offer and acceptance and exclusion clauses. It stands for the proposition that a display of goods can be an offer, rather than an invitation to treat, and serves as an example for how onerous exclusion clauses can be deemed to not be incorporated in a contract.
David Chapelton went to a beach with his friend, Miss Andrews, at Cold Knap. There was a pile of deckchairs. A notice next to them said,
"Barry Urban District Council. Cold Knap. Hire of chairs 2d. per session of 3 hours."
It also said tickets should be obtained from attendants. Mr Chapelton got two chairs from an attendant, paid the money and got two tickets. He put them in his pocket. On the ticket was written,
"Available for three hours. Time expires where indicated by cut-off and should be retained and shown on request. The council will not be liable for any accident or damage arising from the hire of the chair."
When Mr Chapelton sat on the chair it gave way, the canvas tearing from the top of the chair. He was injured. The County Court judge held the council was negligent but that liability was exempted by the ticket. Mr Chapelton appealed.
The Court of Appeal upheld Mr Chapelton's claim. He held that there was a valid offer when the chairs were on display, accepted when picked up the chairs from the defendant. Therefore, the ticket was merely a receipt of the contract, and the exclusion clause could not be incorporated as a term, because it was too late. Slesser LJ read the facts and gave his judgment first.
||As I read the learned county court judge's judgment (and we have had the advantage of a note taken by Mr. Carey Evans in addition to the summary reasons which the learned county court judge gives for his decision), he said that the plaintiff had sufficient notice of the special contract printed on the ticket and was, accordingly, bound thereby - that is to say, as I understand it, that the learned county court judge has treated this case as a case similar to the many cases which have been tried in reference to conditions printed on tickets, and more particularly, on railway tickets - and he came to the conclusion that the local authority made an offer to hire out this chair to Mr. Chapelton only on certain conditions, which appear on the ticket, namely, that they, the council, would not be responsible for any accident which arose from the use of the chair, and they say that Mr. Chapelton hired the chair on the basis that that was one of the terms of the contract between him and themselves, the local authority.
Questions of this sort are always questions of difficulty and are very often largely questions of fact. In the class of case where it is said that there is a term in the contract freeing railway companies, or other providers of facilities, from liabilities which they would otherwise incur at common law, it is a question as to how far that condition has been made a term of the contract and whether it has been sufficiently brought to the notice of the person entering into the contract with the railway company, or other body, and there is a large number of authorities on that point. In my view, however, the present case does not come within that category at all. I think that the contract here, as appears from a consideration of all the circumstances, was this: The local authority offered to hire chairs to persons to sit upon on the beach, and there was a pile of chairs there standing ready for use by any one who wished to use them, and the conditions on which they offered persons the use of those chairs were stated in the notice which was put up by the pile of chairs, namely, that the sum charged for the hire of a chair was 2d. per session of three hours. I think that was the whole of the offer which the local authority made in this case. They said, in effect: "We offer to provide you with a chair, and if you accept that offer and sit in the chair, you will have to pay for that privilege 2d. per session of three hours."
I think that Mr. Chapelton, in common with other persons who used these chairs, when he took the chair from the pile (which happened to be handed to him by an attendant, but which, I suppose, he might have taken from the pile of chairs himself if the attendant had been going on his rounds collecting money, or was otherwise away) simply thought that he was liable to pay 2d. for the use of the chair. No suggestion of any restriction of the council's liability appeared in the notice which was near the pile of chairs. That, I think, is the proper view to take of the nature of the contract in this case. Then the notice contained these further words: "The public are respectfully requested to obtain tickets properly issued from the automatic punch in their presence from the Chair Attendants." The very language of that "respectful request" shows clearly, to my mind, that for the convenience of the local authority the public were asked to obtain from the chair attendants tickets, which were mere vouchers or receipts showing how long a person hiring a chair is entitled to use that chair. It is wrong, I think, to look at the circumstance that the plaintiff obtained his receipt at the same time as he took his chair as being in any way a modification of the contract which I have indicated. This was a general offer to the general public, and I think it is right to say that one must take into account here that there was no reason why anybody taking one of these chairs should necessarily obtain a receipt at the moment he took his chair - and, indeed, the notice is inconsistent with that, because it "respectfully requests" the public to obtain receipts for their money. It may be that somebody might sit in one of these chairs for one hour, or two hours, or, if the holiday resort was a very popular one, for a longer time, before the attendant came round for his money, or it may be that the attendant would not come to him at all for payment for the chair, in which case I take it there would be an obligation upon the person who used the chair to search out the attendant, like a debtor searching for his creditor, in order to pay him the sum of 2d. for the use of the chair and to obtain a receipt for the 2d. paid.
I think the learned county court judge has misunderstood the nature of this agreement. I do not think that the notice excluding liability was a term of the contract at all, and I find it unnecessary to refer to the different authorities which were cited to us, save that I would mention a passage in the judgment of Mellish L.J. in Parker v. South Eastern Ry. Co., where he points out that it may be that a receipt or ticket may not contain terms of the contract at all, but may be a mere voucher, where he says: "For instance, if a person driving through a turnpike-gate received a ticket upon paying the toll, he might reasonably assume that the object of the ticket was that by producing it he might be free from paying toll at some other turnpike-gate, and might put it in his pocket unread." I think the object of the giving and the taking of this ticket was that the person taking it might have evidence at hand by which he could show that the obligation he was under to pay 2d. for the use of the chair for three hours had been duly discharged, and I think it is altogether inconsistent, in the absence of any qualification of liability in the notice put up near the pile of chairs, to attempt to read into it the qualification contended for. In my opinion, this ticket is no more than a receipt, and is quite different from a railway ticket which contains upon it the terms upon which a railway company agrees to carry the passenger. This, therefore, is not, I think, as Mr. Ryder Richardson has argued, a question of fact for the learned county court judge. I think the learned county court judge as a matter of law has misconstrued this contract, and looking at all the circumstances of the case, has assumed that this condition on the ticket, or the terms upon which the ticket was issued, has disentitled the plaintiff to recover. The class of case which Sankey L.J. dealt with in Thompson v. London, Midland and Scottish Ry. Co., which seems to have influenced the learned county court judge in his decision, is entirely different from that which we have to consider in the present appeal.
This appeal should be allowed.
I agree that this appeal should be allowed. The learned county court judge decided this case relying upon a dictum of Sankey L.J. when he was speaking of a transaction which was totally different to this one. If a man does an act which constitutes the making of a contract, such as taking a railway ticket, or depositing his bag in a cloak-room, he will be bound by the terms of the document handed to him by the servant of the carriers or bailees; but if he merely pays money for something and receives a receipt for it, or does something which clearly only amounts to that, he cannot be deemed to have entered into a contract in the terms of the words that his creditor has chosen to print on the back of the receipt, unless, of course, the creditor has taken reasonable steps to bring the terms of the proposed contract to the mind of the man. In this case there was no evidence upon which the learned county court judge could find that the defendants had taken any steps to bring the terms of their proposed contract to the mind of the plaintiff. In those circumstances, I am satisfied that the defendants could not rely upon the words on the back of the ticket issued to the plaintiff, and, having admittedly been negligent in regard to the condition of the chair, they had no defence to the plaintiff's cause of action.
I agree. In my view the cases which deal with railway tickets, cloak-room tickets, or documents issued by bailees when they take charge of goods, have no analogy to this case. In this case the appellant paid 2d. in order to have the right to sit on a chair on the beach, and he was asked to take a ticket in the form of a receipt for that purpose, and was given a document which shows nothing on the face of it, except that the man had the right to sit in the chair until 7.30 P.M. on the day when the accident occurred and the fact that the ticket was not transferable. I cannot imagine that anybody paying 2d. under those circumstances for the privilege of sitting in a chair on the beach would think for one moment that some conditions were being imposed upon him which would limit his ordinary rights, or that the document he received when paying his 2d. was a contractual document in any shape or form. I think the ticket he received was nothing but a receipt for his 2d. - a receipt which showed him how long he might use the chair. I think the learned judge below was wrong in thinking that the case of Thompson v. London, Midland and Scottish Ry. Co., upon which he seems to have relied, had any bearing on the present case. One must have regard to the facts of the case and the general circumstances of the case. In my opinion, Thompson v. London, Midland and Scottish Ry. Co. has no bearing at all on this case.
- 2 CPD 416, 422
-  1 KB 41 , 53
-  1 K. B. 41
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As usual, the goods by request "Chapelton v Barry Urban District Council" in Ohio can be purchased if you live in Columbus, Cleveland, Cincinnati, Toledo, Akron, Dayton, Parma, Canton, Youngstown, Lorain, Hamilton, Springfield, Kettering, Elyria, Lakewood, Cuyahoga Falls, Euclid, Middletown, Mansfield, Newark, Mentor, Cleveland Heights, Beavercreek, Strongsville, Fairfield, Dublin, Warren, Findlay, Lancaster, Lima, Huber Heights, Marion, Westerville, Reynoldsburg, Grove City, Stow, Delaware, Brunswick, Upper Arlington, Gahanna, Westlake, North Olmsted, Fairborn, Massillon, Mason, North Royalton, Bowling Green, North Ridgeville, Kent, Garfield Heights, and other cities.
And today the found goods by query "Chapelton v Barry Urban District Council" in Oklahoma can be received in Oklahoma City, Tulsa, Norman, Broken Arrow, Lawton, Edmond, Moore, Midwest City, Enid, Stillwater, Muskogee, Bartlesville, Owasso, Shawnee, Yukon, Ardmore, Ponca City, Bixby, Duncan, Del City, Jenks, Sapulpa, Mustang, Sand Springs, Bethany, Altus, Claremore, El Reno, McAlester, Ada, Durant, Tahlequah, Chickasha, Miami, Glenpool, Elk City, Woodward, Okmulgee, Choctaw, Weatherford, Guymon, Guthrie, Warr Acres, etc.
Naturally, the goods by request "Chapelton v Barry Urban District Council" in Oregon can be shipped to Portland, Salem, Eugene, Gresham, Hillsboro, Beaverton, Bend, Medford, Springfield, Corvallis, Albany, Tigard, Lake Oswego, Keizer, Grants Pass, Oregon City, McMinnville, Redmond, Tualatin, West Linn, Woodburn, Forest Grove, Newberg, Wilsonville, Roseburg, Klamath Falls, Ashland, Milwaukie, Sherwood, Happy Valley, Central Point, Canby, Hermiston, Pendleton, Troutdale, Lebanon, Coos Bay, The Dalles, Dallas, St. Helens, La Grande, Cornelius, Gladstone, Ontario, Sandy, Newport, Monmouth, and other cities.
Usually, any things related with "Chapelton v Barry Urban District Council" in Pennsylvania can be sent to Philadelphia, Pittsburgh, Allentown, Erie, Reading, Scranton, Bethlehem, Lancaster, Harrisburg, Altoona, York, Wilkes-Barre, Chester, Williamsport, Easton, Lebanon, Hazleton, New Castle, Johnstown, McKeesport, Hermitage, Greensburg, Pottsville, Sharon, Butler, Washington, Meadville, New Kensington, Coatesville, St. Marys, Lower Burrell, Oil City, Nanticoke, Uniontown...
As you know, the goods by request "Chapelton v Barry Urban District Council" in Rhode Island can be received in such cities as Providence, Warwick, Cranston, Pawtucket, East Providence, Woonsocket, Coventry, Cumberland, North Providence, South Kingstown, West Warwick, Johnston, North Kingstown, Newport, Bristol, Westerly, Smithfield, Lincoln, Central Falls, Portsmouth, Barrington, Middletown, Burrillville, Narragansett, Tiverton, East Greenwich, North Smithfield, Warren, Scituate, etc.
And of course, the goods related with "Chapelton v Barry Urban District Council" in South Carolina can be delivered to Columbia, Charleston, North Charleston, Mount Pleasant, Rock Hill, Greenville, Summerville, Sumter, Hilton Head Island, Spartanburg, Florence, Goose Creek, Aiken, Myrtle Beach, Anderson, Greer, Mauldin, Greenwood, North Augusta, Easley, Simpsonville, Hanahan, Lexington, Conway, West Columbia, North Myrtle Beach, Clemson, Orangeburg, Cayce, Bluffton, Beaufort, Gaffney, Irmo, Fort Mill, Port Royal, Forest Acres, Newberry, and other cities.
And of course, the found goods by query "Chapelton v Barry Urban District Council" in South Dakota can be purchased if you live in Sioux Falls, Rapid City, Aberdeen, Brookings, Watertown, Mitchell, Yankton, Pierre, Huron, Spearfish, Vermillion, and so on.
And today the goods named "Chapelton v Barry Urban District Council" in Tennessee can be received in such cities as Memphis, Nashville, Knoxville, Chattanooga, Clarksville, Murfreesboro, Franklin, Jackson, Johnson City, Bartlett, Hendersonville, Kingsport, Collierville, Smyrna, Cleveland, Brentwood, Germantown, Columbia, Spring Hill, La Vergne, Gallatin, Cookeville, Mount Juliet, Lebanon, Morristown, Oak Ridge, Maryville, Bristol, Farragut, Shelbyville, East Ridge, Tullahoma, and so on.
Today the goods by your query "Chapelton v Barry Urban District Council" in Texas can be received in such cities as Houston, San Antonio, Dallas, Austin, Fort Worth, El Paso, Arlington, Corpus Christi, Plano, Laredo, Lubbock, Garland, Irving, Amarillo, Grand Prairie, Brownsville, McKinney, Frisco, Pasadena, Mesquite, Killeen, McAllen, Carrollton, Midland, Waco, Denton, Abilene, Odessa, Beaumont, Round Rock, The Woodlands, Richardson, Pearland, College Station, Wichita Falls, Lewisville, Tyler, San Angelo, League City, Allen, Sugar Land, Edinburg, Mission, Longview, Bryan, Pharr, Baytown, Missouri City, Temple, Flower Mound, New Braunfels, North Richland Hills, Conroe, Victoria, Cedar Park, Harlingen, Atascocita, Mansfield, Georgetown, San Marcos, Rowlett, Pflugerville, Port Arthur, Spring, Euless, DeSoto, Grapevine, Galveston, etc.
No doubt, the goods by your query "Chapelton v Barry Urban District Council" in Utah can be shipped to such cities as Salt Lake City, West Valley City, Provo, West Jordan, Orem, Sandy, Ogden, St. George, Layton, Taylorsville, South Jordan, Logan, Lehi, Murray, Bountiful, Draper, Riverton, Roy, Spanish Fork, Pleasant Grove, Cottonwood Heights, Tooele, Springville, Cedar City, Midvale. Delivery is also carried out in Kaysville, Holladay, American Fork, Clearfield, Syracuse, South Salt Lake, Herriman, Eagle Mountain, Clinton, Washington, Payson, Farmington, Brigham City, Saratoga Springs, North Ogden, South Ogden, North Salt Lake, Highland, Centerville, Hurricane, Heber City, West Haven, Lindon, and so on.
Normally, the goods by request "Chapelton v Barry Urban District Council" in Vermont can be received in such cities as Burlington, South Burlington, Rutland, Barre, Montpelier, Winooski, St. Albans, Newport, Vergennes, and other cities and towns.
And of course, the products related to the term "Chapelton v Barry Urban District Council" in Virginia can be delivered to the following cities: Virginia Beach, Norfolk, Chesapeake, Richmond, Newport News, Alexandria, Hampton, Roanoke, Portsmouth, Suffolk, Lynchburg, Harrisonburg, Charlottesville, Danville, Manassas, Petersburg, Fredericksburg, Winchester, Salem, Staunton, Fairfax, Hopewell, Waynesboro, Colonial Heights, Radford, Bristol, Manassas Park, Williamsburg, Falls Church, Martinsville, Poquoson...
Normally, any products related with "Chapelton v Barry Urban District Council" in Washington can be purchased if you live in Seattle, Spokane, Tacoma, Vancouver, Bellevue, Kent, Everett, Renton, Federal Way, Yakima, Spokane Valley, Kirkland, Bellingham, Kennewick, Auburn, Pasco, Marysville, Lakewood, Redmond, Shoreline, Richland, Sammamish, Burien, Olympia, Lacey. And, of course, Edmonds, Puyallup, Bremerton, Lynnwood, Bothell, Longview, Issaquah, Wenatchee, Mount Vernon, University Place, Walla Walla, Pullman, Des Moines, Lake Stevens, SeaTac, Maple Valley, Mercer Island, Bainbridge Island, Oak Harbor, Kenmore, Moses Lake, Camas, Mukilteo, Mountlake Terrace, Tukwila, etc.
Normally, the products by request "Chapelton v Barry Urban District Council" in West Virginia can be shipped to such cities as Charleston, Huntington, Morgantown, Parkersburg, Wheeling, Weirton, Fairmont, Martinsburg, Beckley, Clarksburg, South Charleston, St. Albans, Vienna, Bluefield and smaller towns.
Of course, any products related with "Chapelton v Barry Urban District Council" in Wisconsin can be sent to Milwaukee, Madison, Green Bay, Kenosha, Racine, Appleton, Waukesha, Oshkosh, Eau Claire, Janesville, West Allis, La Crosse, Sheboygan, Wauwatosa, Fond du Lac, New Berlin, Wausau. It's also available for those who live in Brookfield, Beloit, Greenfield, Franklin, Oak Creek, Manitowoc, West Bend, Sun Prairie, Superior, Stevens Point, Neenah, Fitchburg, Muskego, Watertown, De Pere, Mequon, South Milwaukee, Marshfield, and so on.
As always, the goods related with "Chapelton v Barry Urban District Council" in Wyoming can be shipped to Cheyenne, Casper, Laramie, Gillette, Rock Springs, Sheridan, Green River, Evanston, Riverton, Jackson, Cody, Rawlins, Lander, Torrington, Powell, Douglas, Worland, and other cities and towns.
Canada Delivery, Shipping to Canada
No need to say, the found goods by query "Chapelton v Barry Urban District Council" in Canada can be received in Toronto, Montreal, Calgary, Ottawa, Edmonton, Mississauga, Winnipeg, Vancouver, Brampton, Hamilton, Quebec City, Surrey, Laval, Halifax, London, Markham, Vaughan, Gatineau, Longueuil, Burnaby, Saskatoon, Kitchener, Windsor, Regina, Richmond, Richmond Hill.
And other cities and towns, such as Oakville, Burlington, Greater Sudbury, Sherbrooke, Oshawa, Saguenay, Lévis, Barrie, Abbotsford, St. Catharines, Trois-Rivières, Cambridge, Coquitlam, Kingston, Whitby, Guelph, Kelowna, Saanich, Ajax, Thunder Bay, Terrebonne, St. John's, Langley, Chatham-Kent, Delta.
As well as in Waterloo, Cape Breton, Brantford, Strathcona County, Saint-Jean-sur-Richelieu, Red Deer, Pickering, Kamloops, Clarington, North Vancouver, Milton, Nanaimo, Lethbridge, Niagara Falls, Repentigny, Victoria, Newmarket, Brossard, Peterborough, Chilliwack, Maple Ridge, Sault Ste. Marie, Kawartha Lakes, Sarnia, Prince George.
You can also buy these goods in Drummondville, Saint John, Moncton, Saint-Jérôme, New Westminster, Wood Buffalo, Granby, Norfolk County, St. Albert, Medicine Hat, Caledon, Halton Hills, Port Coquitlam, Fredericton, Grande Prairie, North Bay, Blainville, Saint-Hyacinthe, Aurora, Welland, Shawinigan, Dollard-des-Ormeaux, Belleville, North Vancouver, and other cities and towns.
Basically, the products by request "Chapelton v Barry Urban District Council" can be shipped to any place in Canada, including Ontario, Quebec, British Columbia, Alberta, Manitoba, Saskatchewan, Nova Scotia, New Brunswick, Newfoundland and Labrador, and Prince Edward Island.
UK Delivery, Shipping to the United Kingdom
It goes without saying that the goods by request "Chapelton v Barry Urban District Council" in the United Kingdom can be shipped to such cities as London, Birmingham, Leeds, Glasgow, Sheffield, Bradford, Edinburgh, Liverpool, Manchester, Bristol, Wakefield, Cardiff, Coventry, Nottingham, Leicester, Sunderland, Belfast, Newcastle upon Tyne, Brighton, Hull, Plymouth, Stoke-on-Trent.
And also in Wolverhampton, Derby, Swansea, Southampton, Salford, Aberdeen, Westminster, Portsmouth, York, Peterborough, Dundee, Lancaster, Oxford, Newport, Preston, St Albans, Norwich, Chester, Cambridge, Salisbury, Exeter, Gloucester. It is also available for the people living in Lisburn, Chichester, Winchester, Londonderry, Carlisle, Worcester, Bath, Durham, Lincoln, Hereford, Armagh, Inverness, Stirling, Canterbury, Lichfield, Newry, Ripon, Bangor, Truro, Ely, Wells, St. Davids and smaller towns.
In fact, the found goods by query "Chapelton v Barry Urban District Council" can be shipped to any place in the UK, including England, Scotland, Wales, and Northern Ireland.
Ireland Delivery, Shipping to Ireland
And any products related with "Chapelton v Barry Urban District Council" in Ireland can be received in such cities as Dublin, Cork, Limerick, Galway, Waterford, Drogheda, Dundalk, Swords, Bray, Navan, Ennis, Kilkenny, Tralee, Carlow, Newbridge, Naas, Athlone, Portlaoise, Mullingar, Wexford, Balbriggan, Letterkenny, Celbridge, Sligo. It is also available for the people living in Clonmel, Greystones, Malahide, Leixlip, Carrigaline, Tullamore, Killarney, Arklow, Maynooth, Cobh, Castlebar, Midleton, Mallow, Ashbourne, Ballina, Laytown-Bettystown-Mornington, Enniscorthy, Wicklow, Tramore, Cavan and smaller towns.
Generally, the goods by request "Chapelton v Barry Urban District Council" can be shipped to any place in Ireland, including Leinster, Ulster, Munster, and Connacht.
Australia Delivery, Shipping to Australia
And of course, any things related with "Chapelton v Barry Urban District Council" in Australia can be delivered to the following cities: Sydney, Melbourne, Brisbane, Perth, Adelaide, Gold Coast, Tweed Heads, Newcastle, Maitland, Canberra, Queanbeyan, Sunshine Coast, Wollongong, Hobart, Geelong, Townsville, Cairns, Darwin, Toowoomba, Ballarat, Bendigo, Albury, Wodonga, Launceston, Mackay.
And, of course, Rockhampton, Bunbury, Bundaberg, Coffs Harbour, Wagga Wagga, Hervey Bay, Mildura, Wentworth, Shepparton, Mooroopna, Gladstone, Tannum Sands, Port Macquarie, Tamworth, Traralgon, Morwell, Orange, Geraldton, Bowral, Mittagong, Dubbo, Busselton, Bathurst, Nowra, Bomaderry, Warrnambool, Albany, Warragul, Drouin, Kalgoorlie, Boulder, Devonport...
Basically, the goods by request "Chapelton v Barry Urban District Council" can be shipped to any place in Australia, including New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, Australian Capital Territory, and Northern Territory.
New Zealand Delivery, Shipping to New Zealand
And of course, the goods by your query "Chapelton v Barry Urban District Council" in New Zealand can be sent to Auckland, Wellington, Christchurch, Hamilton, Tauranga, Napier-Hastings, Dunedin, Lower Hutt, Palmerston North, Nelson, Rotorua, New Plymouth, Whangarei, Invercargill, Whanganui, Gisborne, Porirua, Invercargill, Nelson, Upper Hutt, Gisborne, Blenheim, Pukekohe, Timaru, Taupo, etc.
Actually, the found goods by query "Chapelton v Barry Urban District Council" can be shipped to any place in New Zealand, including North Island, South Island, Waiheke Island, and smaller islands.
Usually,the goods by requestcan be purchased if you live inThe delivery is also available in, etc.
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