... all the losses that arise from running a poor service, that cost will simply be passed on to the consumer. Nonetheless whatever the advantages of this argument, there are clearly exclusions that perpetuate an injustice so great that they can't be tolerated in a decent society. The archetypal case of this sort is Thompson v London Midland and Scottish Railway (1930)1. In this case, an elderly, illiterate woman bought a railway ticket which contained a reference to the railway company's standard terms and conditions. These included a statement that the railway would not accept liability for negligence. During the alighting of the train Mrs Thompson fell and broke her leg. When she sued the railway in negligence, the exclusion clause was upheld, to the amazement of almost everybody. Mrs Thompson was an adult of full capacity, despite being unable to read, and had the notional freedom to either enter the ...

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