Interfoto Picture Library v Stilletto [1989] QB 433

The claimants ran a photo library the defendant was in advertising. The claimants advanced some transparencies to the defendant for his perusal and he was to get back to them as to which photos he would like to use. The package of the photos contained a document stating that if any transparencies were kept longer than 14 days a £5 +VAT holding fee would be charged per photo per day. The defendant had not read this document and then forgot about the transparencies and failed to return them for 6 weeks. The claimants brought an action claiming a holding fee of £23,783 as specified in the contract.

Held:

The term was not incorporated into the contract. Where a term is particularly onerous the person seeking to rely on the term must take greater measures to bring it to the attention of the other party.

Back to lecture outline on unfair terms in Contract Law