Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd
Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1987] EWCA Civ 6 is an English contract law case on onerous clauses and the rule of common law that reasonable notice of them must be given to a contracting party in order that they be effective.It also addressed, but did not decide, the position of onerous clauses as disguised penalties (which are ineffective under common law).The issue was, he said, whether it would in all the circumstances be fair (or reasonable) to hold a party bound by any conditions ... of an unusual and stringent nature ...The defendants are not to be relieved of that liability because they did not read the condition, although doubtless they did not; but in my judgment they are to be relieved because the plaintiffs did not do what was necessary to draw this unreasonable and extortionate clause fairly to their attention.He advocated embracing good faith - "showing up your cards", "fair dealing", and so on.I have accordingly felt bound to assume, somewhat reluctantly, that condition 2 would be enforceable if fully and fairly brought to the defendants' attention.