Commentary

27.3 Attempting to exclude liability for misrepresentation and fraud

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

27.3 Attempting to exclude liability for misrepresentation and fraud

| Commentary

27.3 Attempting to exclude liability for misrepresentation and fraud

It is customary to provide in the agreement as follows:

‘This agreement contains the whole agreement between the parties [in respect of [subject matter of agreement]] and supersedes any prior written or oral agreement between them [relating to that subject matter] and the parties confirm that they have not entered into this agreement on the basis of any representations that are not expressly incorporated in this agreement.’

The words of exclusion in such a clause may not have any effect if the court considers that they purport to exclude liability for misrepresentation or

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