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L’Estrange v Graucob [1934]

Facts

  • A slot machine was purchased by the claimant following the signing of a contract which removed all warranties

Issue

  • Could damages be claimed for its defectiveness?

Decision

  • No

Reasoning

  • The terms were agreed to by the claimant, by signature, which is powerful evidence of assent
  • This case symbolises the principle of freedom of contract, whereby parties to a contract are thought to be best placed to decide whether or not they wish to be bound by that contract
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