Multiple choice

Fact: P purchased from D company, a steamer ticket containing conditions printed in the French Language. At the foot of the ticket, there was intimation in red letters that the ticket was issued subject to the conditions printed on the back. One of these conditions was that the company incurred no liability for any damage which the luggage might sustain. The vessel was wrecked by the fault of the companys servants and Ps baggage was lost. P sued D for damages and claimed that he was not bound the conditions being unable to read French. Issue: Is the company liable?

  1. Company is not liable because p had reasonable notice of the conditions and it was his own fault if he had not made himself acquainted with them.

  2. Company is liable because company had used the language which was not easily understandable to everybody.

  3. Neither (a) nor (b)
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A Correct answer
Explanation

The railway company gave reasonable notice of the conditions by printing a red intimation at the foot of the ticket that conditions were printed on the back. P had the opportunity to inquire about the conditions or have them translated. The exclusion clause was valid and effectively limited the company's liability.

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