3. Avoidance of provision excluding liability for misrepresentation
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A contract term that excludes or limits liability or remedies for a misrepresentation made before the contract has effect only so far as it meets a test of reasonableness. That test is set out in the Unfair Contract Terms Act 1977. Whoever claims the term meets the test must prove it.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
If a contract contains a term which would exclude or restrict —
any liability to which a party to a contract may be subject by reason of any misrepresentation made by him before the contract was made; or
any remedy available to another party to the contract by reason of such a misrepresentation,that term shall be of no effect except in so far as it satisfies the requirement of reasonableness as stated in section 11(1) of the Unfair Contract Terms Act 1977, and it is for those claiming that the term satisfies that requirement to show that it does.