[F2(1)]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 M1 Unfair Contract Terms Act 1977; and it is for those claiming that the term satisfies that requirement to show that it does. ]
[F3(2)This section does not apply to a term in a consumer contract within the meaning of Part 2 of the Consumer Rights Act 2015 (but see the provision made about such contracts in section 62 of that Act).]
Textual Amendments
F1S. 3 substituted by Unfair Contract Terms Act 1977 (c. 50), s. 8(1)
F2Word in s. 3 inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 4 para. 1(2); S.I. 2015/1630, art. 3(g) (with art. 6(1))
F3S. 3(2) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 4 para. 1(3); S.I. 2015/1630, art. 3(g) (with art. 6(1))
Marginal Citations