Unfair Contract Terms Act 1977
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Change 1
8 Misrepresentation.
(1) In the 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 Misrepresentation Act (Northern Ireland) 1967.
8 Misrepresentation.
(1) In the 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 Misrepresentation Act (Northern Ireland) 1967.
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