In Olley v Marlborough Court Ltd (1949), what led the court to decide that the exclusion clause found in the hotel room was not binding on the couple who checked into the hotel? (2 marks)

A. The court held that the exclusion clause was not binding on the couple because it was introduced after the contract had been made at the reception; the couple only became aware of the term when they went up to their room.

B. The court held that the exclusion clause was not binding on the couple because it was considered to be a ludicrous term.

C. The court held that the exclusion clause was not binding on the couple because it would be against public policy that a hotel could escape liability for a breach of contract on its part.

D. The court was of the opinion that the hotel, having insurance, would be in a position to reimburse the couple for the valuables lost.