L'Estrange v. Graucob

L'Estrange v. Graucob is the leading English legal case on the incorporation of terms into a contract by signature. There are exceptions to the rule that a person is bound by his or her signature, including but not limited to fraud, misrepresentation and non est factum.

Citation:"L'Estrange v Graucob Ltd" [1934] 2 KB 394
Facts: Mrs L'Estrange purchased a vending machine from Mr Graucob and signed a document entitled 'sales agreement' which contained a clause excluding any implied conditions. It was accepted that she signed the document without reading it. The machine broke down repeatedly and L'Estrange sued for breach of the implied condition of fitness for purpose.
Issue: Was the term implied into the contract despite the fact that L'Estrange had no knowledge of it?
Held: The exclusion clause formed part of the contract. It was immaterial that L'Estrange had not read the clause. The fact that she signed it meant that she was bound by it. She is deemed to have read and agreed to the terms of the contract.
Trivia: Alfred Denning (who would later Lord Denning) appeared for the defendant.