December 4, 2008

L'Estrange v F.Graucob Ltd[1934] 2KB 394


The ratio decidendi for the above case is that a person is bound by all the terms and conditions when he executes(signs)any documents.Therefore the burden is on the person to read everything before signing anything.The reason for this rule is because of Public Policy.If a person argues that he had not read the document before signing,it would raise all kinds of technical problems.For example,a person who had entered into a bad business deal may back out by claiming that he had not read or understood certain terms of the contract.If this is allowed by the Courts, then business documents will lose their binding nature,bacause one party can always claim that he did not read the fine print.

The exceptions to the above situation would be where the following elements are present (1) Fraud (2) Mistake (3) Misrepresentation

If any of these elements are present that the contract becomes voidable.(It can be set aside)

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