[C]areerInLaw.net

Contract

Exclusion Clauses

Level 1: Recognition · Question 1 of 2

A business buyer signs a contractual order form that contains an exclusion clause, without reading it. There is no fraud, no misrepresentation of the clause's effect, and no basis for non est factum. Considering incorporation only (and leaving aside any statutory controls on the clause's validity), which principle determines whether the exclusion clause is incorporated into the contract?