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.

Held:

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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