RED Alert — spring 2014: excluding liability for misrepresentation — ‘he said/she said’ is not a good argument

In Lloyd and others v Browning and another, the Court of Appeal found that the sellers of a property had misrepresented the position regarding planning permission to the buyers. Nonetheless, the non-reliance clause in the sale contract excluded the sellers’ liability for damages.

Although this decision does not establish any new law, the judgment sets out a useful examination of the factors that are relevant in determining whether or not a non-reliance clause satisfies the ‘reasonableness test’. This is an extremely important point for any parties entering into sale contracts…

Click on the link below to read the rest of the Taylor Wessing briefing.

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