Precluding liability for pre-contractual misrepresentation: the function and validity of non-reliance clauses

Abstract

Discusses the Court of Appeal judgment in Lloyd v Browning on whether a non-reliance clause in a contract for the sale of land, which had the effect of excluding the seller's liability for pre-contractual misrepresentations as to the planning permission that attached to the land, was fair and reasonable. Considers the factors determining the fairness and reasonableness of a non-reliance clause. Outlines how these clauses function and the types of estoppel that can arise to prevent a party seeking to avoid a contract for pre-contractual misrepresentation when it contains a non-reliance clause. [Abstract by Sweet & Maxwell]