L'Estrange v Graucob [1934]


The claimant bought an automatic cigarette vending machine from the defendants. She signed an order form that contained the following term in small print: '[A]‌ny express or implied condition, statement or warranty, statutory or otherwise not stated herein is hereby excluded.' The defendants gave her a printed confirmation of this order. When the machine was delivered, it did not work satisfactorily, and the claimant sought damages for breach of the implied statutory term that the machine was fit for the purpose for which it was sold. The defendants sought to rely on the exemption clause, but the claimant argued that


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