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Unfair Contract Terms Act 1977

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This is the original version (as it was originally enacted).

8Misrepresentation

(1)In the Misrepresentation Act 1967, the following is substituted for section 3— Avoidance of provision excluding liability for misrepresentation.

3If 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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