8Misrepresentation
(1)In the [1967 c. 7.] Misrepresentation Act 1967, the following is substituted for section 3—
“3Avoidance of provision excluding liability for misrepresentation.
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 [1967 c. 14 (N.I.).] Misrepresentation Act (Northern Ireland) 1967.