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Contract

Terms & Incorporation

Level 1: Recognition · Question 1 of 2

A cafe owner signed an order form for a cigarette vending machine without reading it. The form contained, in small print, a clause excluding all implied warranties as to fitness. The machine was defective. She had not been told about the clause and had not read it, and there was no misrepresentation. As a matter of incorporation at common law (leaving aside statutory control of the clause's validity), L'Estrange v Graucob (1934) establishes that: