Mrs Smith’s legal argument for her claim would be under common law?
Mrs S drives into the entrance of Watson’s multi–story car park at 4.55 pm. She takes a ticket from the dispensing machine. This ticket has printed on it a black metallic strip that records the time, and the legend:
“By accepting this ticket the holder is bound by the terms and conditions of the contract.”
Mrs S enters the car-park. On the first floor she finds a large sign which states the terms of the contract. One of these terms is that any car left after 5 pm. will be charged $50.00 regardless of length of stay. Mrs Smith does not like this idea and attempts to leave the car-park; there is however a line of cars exiting and her departure is delayed by 10 minutes. At the pay kiosk the attendant tries to charge Mrs Smith $50.00 for her stay. Mrs Smith refuses; she claims a contract was not formed.
Tagged with: argument • claim • common • legal • Smith’s • under • would
Filed under: binding machine review
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She is correct – no meeting of the minds.
No contract. No offer, no acceptance.
I agree. They should’ve stated this before she entered the parking area.
The argument is that there was no acceptance of the unseen contract…just an acceptance of entry into the lot in exchange for a reasonable fee. Same thing for new cars where they say you are subject to the terms of the document that put in the glove box. If you sign the deal before ever being presented with those terms, then you are not bound by them.