Level 1: Recognition · Question 1 of 2
✎ In review — This case summary has not yet been verified by a qualified lawyer and may contain errors. Use it as a study and practice aid only, it is not legal advice and is not a definitive statement of the law. Always check primary sources before relying on it.An exclusion clause appears in an UNSIGNED document (a ticket) and is particularly onerous. Considering the common-law rules on incorporation by notice only (leaving aside statutory controls on validity), which statement best states the requirement for the clause to be incorporated? A. The party relying on the clause must give notice that is reasonably sufficient in the circumstances, and the more onerous or unusual the clause, the greater the notice required; notice must be given at or before the time the contract is made (Thornton; Interfoto; Olley).B. Any term printed on or referred to by a ticket is incorporated as soon as the ticket is issued.C. Onerous terms may be incorporated by notice given at any time before performance begins.D. Onerous exclusion clauses in unsigned documents can never be incorporated by notice.