What is the test for being a party to a contract for a rental vehicle?
Newfoundland and Labrador, Canada
The following excerpt is from Canadian General Insurance Co. v. Ayre, 2001 NFCA 46 (CanLII):
It is apparent that the above refers in the main to more complicated legal documents than we are dealing with here, i.e., those containing much in the way of standard legal terminology which, as with an automobile rental contract such as the Tilden v. Clendenning or, e.g., a mortgage, are rarely, if ever, read. However, the principle is the same. In the circumstances of the Tilden case, it was apparent to the employee of the company that Clendenning had not read the vehicle rental contract before he signed it, and therefore the company could not rely on a provision of the contract which it had no reason to believe was being assented to.
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