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Court of Appeal rules that entire agreement clause did not exclude liability for misrepresentation and exclusion of set-off was unenforceable – AXA v Campbell Martin, Court of Appeal

21 March 2011 | Mark Weston Comments Off

AXA appointed agents on its standard form contract to sell its financial products. The contract gave AXA rights to claw back commission if customers cancelled. AXA sought to enforce those provisions. The...

Tags on this discussion: agency agency agreement agency agreements agency contract agency contracts agreement agreements B2B business-to-business collateral warranty commercial agreement commercial agreements Commercial contract commercial contracts contract contracts Court of Appeal entire agreement entire agreement clause exclusion exclusion of liability fair fairness fraudulent misrepresentation High Court implied implied term interpret interpretation interpretation of contract misrepresentation negligent misrepresentation promise reasonable reasonableness set-off terms UCTA undertaking unenforceable unfair unfair contract terms unfair contract terms act Unfair Contract Terms Act 1977 unreasonable

An absence of independent legal advice

20 October 2010 | Clare Stothard Comments Off

This was a claim by a guarantor against a firm of solicitors. The solicitors had provided a certificate to the bank confirming that they had advised the claimant, Mr O’Sullivan, in relation to his...

Tags on this discussion: banking banks duty of care fraudulent misrepresentation Guarantees guarantor independent legal advice negligence reliance solicitors

EDS agrees to pay Sky £318 million in IT contract dispute

18 June 2010 | Paul Gershlick

EDS and Sky have finally agreed to settle a costly and long-running dispute over an IT contract. In January, the High Court agreed with Sky’s claim that EDS had mis-sold a customer relationship system....

Tags on this discussion: breach of contract contract contract law contracts Fraud fraudulent misrepresentation IT IT contract misrepresentation supply contract UCTA unfair contract terms act

Honest belief of something means party could not be deemed to have made fraudulent misrepresentation – FoodCo v Henry Boot, High Court

18 March 2010 | Mark Weston

HB commissioned a third party to provide a report on likely traffic and footfall at a new motorway service station. HB used that report to provide a brochure to attract tenants. The numbers turned out...

Tags on this discussion: breach of contract contract contract law contracts entire agreement clause exclusion of liability Fraud fraudulent misrepresentation High Court liability

Sky wins IT case worth hundreds of millions of pounds as liability clause not upheld because of fraudulent misrepresentation by EDS in sales process – Sky v EDS, High Court

27 January 2010 | Paul Gershlick

Sky has won a long-awaited landmark case against EDS that is bound to have massive implications - not just for all IT contracts, but also for any business that has sales-people that push the boundaries...

Tags on this discussion: contract contract law fraudulent misrepresentation IT law misrepresentation

Latest news and views tagged fraudulent misrepresentation

Court of Appeal rules that entire agreement clause did not exclude liability for misrepresentation and exclusion of set-off was unenforceable – AXA v Campbell Martin, Court of Appeal

An absence of independent legal advice

EDS agrees to pay Sky £318 million in IT contract dispute

Honest belief of something means party could not be deemed to have made fraudulent misrepresentation – FoodCo v Henry Boot, High Court

Sky wins IT case worth hundreds of millions of pounds as liability clause not upheld because of fraudulent misrepresentation by EDS in sales process – Sky v EDS, High Court

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