Business Law

Thokgamo is the owner of an optometry practice in Maun. She agreed to purchase an eye testing machine from Noah and signed the contract without reading its terms. The contract contained an exclusion clause for all kinds of defects in the machine. The machined proved to be totally defective. Thokgamo attempted to terminate the contract and also maintained that the contract is in conflict with what she and Noah had agreed on orally.

Required:

Advise Thokgamo about her chances of winning the case. Provide justifications for your points. (25 marks)