Henry parked his automobile in Allison's Car Park and was requested by the attendant to leave the keys in the car and the car unlocked. Henry received a receipt for the parking which contained the following note on the reverse side of the ticket. "Proprietor of lot will not be responsible for damage to car or contents." A similar sign was located at the entrance to the car parking area. When Henry returned to the lot, he discovered that his car had a damaged front fender. The disclaimer of liability on the back of the receipt would not by itself allow the proprietor to avoid liability, unless the notice was brought to Henry's attention before he parked his car.

Question

Quizplus · Accepted Answer

The disclaimer of liability needs to be brought to the customer's attention before the contract is made (in this case, before parking the car) to be effective. Since the notice was only on the back of the receipt received after parking, it may not absolve the proprietor of liability.

Henry Parked His Automobile in Allison's Car Park and Was