The following Dispute Resolution practice note Produced in partnership with Charles Spragge of Druces provides comprehensive and up to date legal information covering:
This Practice Note sets out when and how parties can seek to limit or exclude liability for misrepresentations by reference to section 3 of the Misrepresentation Act 1967 (MA 1967) and the reasonableness test under section 11 of the Unfair Contract Terms Act 1977 (UCTA 1977). Note: as from 1 October 2015, UCTA 1977 applies only in respect of business-to-business contracts; for consumer contracts, see instead sections 61–76 of the Consumer Rights Act 2015 (CRA 2015).
For guidance on when a party may rescind a contract or recover damages for a misrepresentation, see Practice Notes:
Misrepresentation—damages as a remedy
Misrepresentation—rescission as a remedy
For guidance on entire agreement clauses and their use in limiting or excluding liability for misrepresentation, see Practice Note: Contract interpretation—interpreting entire agreement clauses.
For guidance on non-reliance clauses in the context of contractual estoppel, see Practice Note: Contractual estoppel.
It is not uncommon (in substantial and complex contracts it is usual) for the parties to agree provisions in their contract that seek to restrict or exclude the rights of one party to bring a claim for misrepresentation. These provisions may appear in the agreement itself or in other documents having contractual effect.
These clauses can be effective to prevent the representee from bringing a successful claim for misrepresentation though they may be subject to the test of reasonableness
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Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
This Practice Note provides guidance on the SRA Codes of Conduct, contained in the SRA Standards and Regulations, in force from 25 November 2019. The SRA Standards and Regulations include two Codes of Conduct—a Code forSolicitors, RELs and RFLs and a Code for Firms. The Standards and Regulations
Lawful arrest—human rightsThe right to liberty is a fundamental principle of the Human Rights Act 1998 (HRA 1998), which itself gives effect to the rights contained in the European Convention on Human Rights (ECHR) (see Practice Note: An introduction to the Human Rights Act 1998). The exercise of
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