Contractual estoppel and non-reliance clauses

First Tower Trustees Ltd v CDS (Superstores International) Ltd: Contractual estoppel and non-reliance clauses were not immune from scrutiny under the Misrepresentation Act 1967 s.3. Such clauses could not prevent liability arising if they failed to satisfy the reasonableness test under the Unfair Contract Terms Act 1977 s.11(1). Accordingly, a landlord was not permitted to rely on a clause in a lease restricting its liability for representations, where it had misrepresented to the tenant that it had no knowledge of environmental problems affecting the property, when in fact it was aware of asbestos problems. Click here for more information.

 

Written by James Naylor

Partner, Naylor Solicitors LLP.

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