Question

Explain whether an ‘exclusion clause’ is applicable to exclude liability in a contract that has been signed but the content was not read by one of the contracting parties.

Answer 1

The general law is that "Exclusion clause" in contract which is signed will be binding, Regardless of fact that whether or not it was read by parties or not. This case law by demonstrated by the case named "L,E strange Vs Graucob ltd 1934.

So, yes the exclusion clause is applicable to exclude the liability in a contract that has been signed out but the content was not read by one of the contracting parties.

But it is to be keep in mind that this rule of Exclusion clause will not be applicable in the case where there is scope of misrepresentation and fraud by any of the contracting parties