Inside the door of her room was a notice stating that the hotel was not liable for anything lost or stolen unless the item had been given to the management to look after.
This has never been more closely defined, however - in Henry Kendall Ltd v William Lillico Ltd [1969] 2 AC 31 the House of Lords held that 100 similar contracts over three years were a "regular and consistent" course of dealing, but in Hollier v Rambler Motors (AMC) Ltd [1972] 2 QB 71 the Court of Appeal held that four contracts over five years was not a course of dealing.
[5] The second rule required for clauses to be considered incorporated is that they must be found in a document intended to be contractually binding.
The claimant took two receipts from the beach attendant, on the back of which were the words "the council will not be liable for any accident or damage arising from the hire of the chair".
The Court of Appeal held that the clause could not protect the council, as the receipt was not a document that one would expect to contain contractual terms.
[7] If one signs a contractual document it is automatically considered to be binding, even if the party has not read the terms.
[11] This does not necessarily apply if the other party is aware of any disabilities - in Richardson, Spence & Co v Rowntree [1894] AC 217 the courts made the opposite decision because the term was in small print, and because of a known condition of the claimant he could not have been expected to read it.