The lesson to be taken from Axa is that the courts will not lightly read an 'entire agreement' clause as an exclusion of liability for misrepresentation. Moreover, even if a clause is read as an exclusion, it will have to survive the statutory test of reasonableness under [ statute ] (see Chapter 13).No doubt all such cases are only authority for each clause's particular wording:
nevertheless it seems to me that there are certain themes which deserve recognition. Among them is that the exclusion of liability for misrepresentation has to be clearly stated. It can be done by clauses which state the parties' agreement that there have been no representations made; or that there has been no reliance on any representations; or by an express exclusion of liability for misrepresentation. However, save in such contexts, and particularly where the word 'representations' takes its place alongside other words expressive of contractual obligation, talk of the parties' contract superseding such prior agreement will not by itself absolve a party of misrepresentation where its ingredients can be proved.
The lesson to be taken from Axa is that the courts will not lightly read an 'entire agreement' clause as an exclusion of liability for misrepresentation. Moreover, even if a clause is read as an exclusion, it will have to survive the statutory test of reasonableness under [ statute ] (see Chapter 13).No doubt all such cases are only authority for each clause's particular wording:
nevertheless it seems to me that there are certain themes which deserve recognition. Among them is that the exclusion of liability for misrepresentation has to be clearly stated. It can be done by clauses which state the parties' agreement that there have been no representations made; or that there has been no reliance on any representations; or by an express exclusion of liability for misrepresentation. However, save in such contexts, and particularly where the word 'representations' takes its place alongside other words expressive of contractual obligation, talk of the parties' contract superseding such prior agreement will not by itself absolve a party of misrepresentation where its ingredients can be proved.
The lesson to be taken from Axa is that the courts will not lightly read an 'entire agreement' clause as an exclusion of liability for misrepresentation. Moreover, even if a clause is read as an exclusion, it will have to survive the statutory test of reasonableness under [ statute ] (see Chapter 13).No doubt all such cases are only authority for each clause's particular wording:
nevertheless it seems to me that there are certain themes which deserve recognition. Among them is that the exclusion of liability for misrepresentation has to be clearly stated. It can be done by clauses which state the parties' agreement that there have been no representations made; or that there has been no reliance on any representations; or by an express exclusion of liability for misrepresentation. However, save in such contexts, and particularly where the word 'representations' takes its place alongside other words expressive of contractual obligation, talk of the parties' contract superseding such prior agreement will not by itself absolve a party of misrepresentation where its ingredients can be proved.
| status | not learned | measured difficulty | 37% [default] | last interval [days] | |||
|---|---|---|---|---|---|---|---|
| repetition number in this series | 0 | memorised on | scheduled repetition | ||||
| scheduled repetition interval | last repetition or drill |