Avoidance of provision excluding liability for misrepresentation.
3
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
Unfair Contract Terms Act 1977; and it is for those claiming that the term satisfies that requirement to show that it does.
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).
S. 3 substituted by Unfair Contract Terms Act 1977 (c. 50), s. 8(1)
1977 c. 50.
Word 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))
S. 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))