Part 5 - Exclusion of Liability for Misrepresentation
2012/// Filed in: Contract Law (UK)
Below are a few relevant principles and leading cases regarding the exclusion of liability for misrepresentation:
S Pearons v Dublin Corporation: It is not possible to exclude liability for fraudulent misrepresentation.
Walker v Boyle: The exclusion clause will only be effective if the party seeking to rely on it can prove the clause was reasonable (MA1967 s(2), UCTA 1977).
Inntrepreneur Pub Co v East Crown: `Entire Agreement' clauses fall within the scope of s.3 as far as liability for misrepresentation is concerned (i.e., such term has no effect except in so far it satisfies the reasonableness as stated in section 11(1) of the UCTA 1997).
S Pearons v Dublin Corporation: It is not possible to exclude liability for fraudulent misrepresentation.
Walker v Boyle: The exclusion clause will only be effective if the party seeking to rely on it can prove the clause was reasonable (MA1967 s(2), UCTA 1977).
Inntrepreneur Pub Co v East Crown: `Entire Agreement' clauses fall within the scope of s.3 as far as liability for misrepresentation is concerned (i.e., such term has no effect except in so far it satisfies the reasonableness as stated in section 11(1) of the UCTA 1997).