Do you get what you pay for? Reasonable non-reliance clauses defeat misrepresentation claims
One would think that a property buyer should be entitled to a remedy where a seller makes untrue misleading representations about a property, inducing a sale that would not have happened but for those representations. And yet it is also reasonable for the parties to achieve certainty by agreeing that the terms of the contract alone constitute the extent of the agreement between them.
The recent Court of Appeal case of Lloyd v Browning confirms that a seller’s liability for misrepresentation can be excluded by the terms of the contract provided that the exclusion clause is fair and reasonable in accordance with the Unfair Contract Terms Act 1977.
To sell their farm, the defendant farmers sought to make the sale more attractive by obtaining planning permission to extend an L-shaped barn into a U-shaped building that would be split into three dwellings. Planning permission for the extension was denied, but planning permission was later granted for amended plans that did not include the extension…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
Civil litigation in recent years has been dominated by cases and commentary concerned with costs, court fees, procedure and proportionality.
Key points on a clarification of the remedies available for misrepresentation.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.