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…
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