The question (10 marks)
Ravi buys a ticket at the counter of a luxury coach service for a journey from Nashik to Surat. The face of the ticket carries only the route, the fare and the seat number. On the reverse, in very small print, is a clause that the operator is not liable for any loss or damage to a passenger's luggage. Nothing on the face of the ticket refers to the reverse. At Surat, Ravi finds that his suitcase has been crushed by the coach attendant's careless loading. The operator relies on the printed clause. Advise Ravi. (10 marks)
Original problem written for this course, on the pattern of Module I problem questions on standard-form contracts
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Formation of contract of Law of Contract and Specific Relief.
Authorities you will need
- Henderson v Stevenson (1875) LR 2 Sc & Div 470
- Parker v South Eastern Railway Co (1877) 2 CPD 416
- Thornton v Shoe Lane Parking Ltd (1971) 2 QB 163
- Chapelton v Barry Urban District Council (1940) 1 KB 532
- Lily White v R. Munuswami
- R.S. Deboo v M.V. Hindlekar
- Central Inland Water Transport Corporation Ltd v Brojo Nath Ganguly
- Consumer Protection Act 2019
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.