L'estrange v Graucob (1934)
Created by 121.1.18.237 on 3 November 2009, at 10:12
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| L'Estrange v F Graucob Ltd |
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180px |
| Court |
Court of Appeal |
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| Citation(s) |
[1934] 2 KB 394 |
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| Case opinions |
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|
Maugham LJ and Scrutton LJ |
This case (L'Estrange v Graucob Ltd [1934] 2 KB 394) demonstrates that one cannot evade being bound by the terms of a Contract, even an Exclusion clause on the basis that one did not read or understand the terms.
Mrs L'Estrange owned a cafe. She ordered a cigarette machine from the manufacturers which, it turned out, never worked properly. Although an implied contract term in the sale of goods is that the goods will be suitable for the purpose intended, the contract -- which Mrs L'Estrange had signed -- did state that the manufacturers disclaimed all liability regarding the malfunction of the machine. It was held that Mrs L'Estrange could not claim damages on the grounds that she
did not see the clause in the contract. There was no evidence of fraud or misrepresentation that might have mitigated this judgement.
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