How have courts interpreted exclusionary clauses in contracts?
British Columbia, Canada
The following excerpt is from Mayer v. Big White Ski Resort Ltd., 1997 CanLII 4261 (BC SC):
But this submission overlooks the fact that the genesis of this line of authority is a case - L'Estrange v. F. Graucob, Ltd. [1934], 2 K.B. 394 - where it was found as a fact that the plaintiff who signed a contract with an exclusionary clause had no knowledge of the contents of the document. In the absence of fraud or misrepresentation it was wholly immaterial whether the plaintiff had read the document and did not know its contents.
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