Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd · Court of Appeal of England · 1987

Does the agency owe the full bill?

Short answer: No: the harsh term needed notice.

The facts. An ad agency borrowed 47 old photos for a pitch and forgot to return them for two weeks. Small print on the delivery note set a daily fee per photo, and the bill came to over 3,700 pounds. The agency refused to pay.

The ruling. Interfoto v Stiletto (1987): The court held an unusually onerous term needs to be fairly brought to the other side's attention. It awarded a modest reasonable fee instead.

The agency had never read the terms. Late fee fights like this are still common, and courts use this case against buried surprises.

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For fun, not legal advice.