Olley v Marlborough Court [1949]

Facts

  • A notice of the rear of a hotel room door excluded liability for items stolen from the room
  • Some items were stolen due to the hostel’s negligence

Issue

  • Could the hotel rely on the exclusion clause?

Decision

  • No, claim successful

Reasoning

  • Term not incorporated into contract as contract concluded before entry into room, at reception desk
RELATED CASE  ASB Bank v Harlick [1996, New Zealand]

Posted in Contract Law Revision Notes.

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