... upon the ratio decidendi of Olley v Marlborough Court, Ltd, 1949 where the exclusion clause was not considered to be a part of the relevant contract as 'the plaintiff had not seen it until after she had been accepted as a guest'1. Legislation also supports this. For example, the Unfair Terms in Consumer Contracts 1999 has a list of unfair terms which can be considered unfair: 'terms which have the object or effect of... (i) irrevocably binding the consumer to terms with which he had no real opportunity of becoming acquainted before the conclusion of the contract'2. The type of notice of the clause can also be relevant here. The 'red hand rule', famously advocated by (the now) Lord Denning, says that 'the more unreasonable a clause is, the greater the notice which must be given of it'3. Obviously in Robert and Lucy's case, the clause exempting the dance club from ...

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