Pre-contractual misrepresentation – no escaping reasonableness
- Posted by Mark Daley
- On 9 July 18
- English Courts, High Court, Misrepresentation Act, Unfair Contract Terms Act
Section 3 Misrepresentation Act 1967 provides that a non-consumer contract term seeking to exclude or restrict liability for pre-contractual misrepresentation must be reasonable as per section 11(1) Unfair Contract Terms Act 1977 (consumers have their own protections via the Consumer Rights Act 2015). Various recent decisions have turned on the distinction between exclusion clauses (which […]