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.

Understanding Business
12th Edition
ISBN:9781259929434
Author:William Nickels
Publisher:William Nickels
Chapter1: Taking Risks And Making Profits Within The Dynamic Business Environment
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QUESTION 2
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.

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