Question by d_d_vyas: 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 .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 .00 for her stay. Mrs Smith refuses; she claims a contract was not formed.

Best answer:

Answer by John K
She is correct – no meeting of the minds.

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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.