Section 8 Misrepresentation.X1

England, Wales and Northern Ireland

(1)

In the M1 Misrepresentation Act 1967, the following is substituted for section 3—

“ Avoidance of provision excluding liability for misrepresentation.
3
If a contract contains a term which would exclude or restrict—
(a)
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
(b)
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.”.

(2)

The same section is substituted for section 3 of the M2 Misrepresentation Act (Northern Ireland) 1967.

Annotations

Marginal citations

M1: 1967 c. 7
M2: 1967 c. 14 (N.I.)

Editorial notes

X1: The text of s. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Notes on Part I

Modifications

C1: Pt. I applied (3.1.1995): by 1973 c. 13, s. 11A (as inserted (3.1.1995) by 1994 c. 35, ss. 7, 8(2)(3), Sch. 2 para. 4(6)); by 1979 c. 54, s. 61(5A) (as inserted (3.1.1995) by 1994 c. 35, ss. 7, 8(2)(3), Sch. 2 para. 5(9)(c)); by 1982 c. 29, s. 18(3) (as inserted (3.1.1995) by 1994 c. 35, ss. 7, 8(2)(3), Sch. 2 para. 6(10))