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McCutcheon v MacBrayn [1964] 1 WLR 165

The claimant's car sank in a car ferry owned by the defendant. The claimant had used the car ferry on a few occasions previously. Sometimes he had been asked to sign a document containing an exclusion clause sometimes he had not been asked to sign a form. On this occasion he had not been asked to sign a document. The defendant sought to rely on the exclusion clause claiming it had been incorporated through previous dealings.


There was no consistency in the course of dealings and therefore the clause was not incorporated. The defendant was liable to pay damages.
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