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Part VI Other Bars, 26 Contracting Out

Dominic O’Sullivan

From: The Law of Rescission (3rd Edition)

Dominic O'Sullivan KC, Steven Elliott KC, Rafal Zakrzewski

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 April 2024

Agency by estoppel — Illegality and contract — Interpretation of contract — Termination/unwinding of contract — Contract clauses and damages

This chapter examines the freedom parties have to contract out of rescission for misrepresentation. It clarifies the impossibility to contract out of the right to rescind for duress. The right to rescind for non-fraudulent misrepresentation can be limited or excluded by an express provision of the agreement. The chapter then discusses the types of clauses that forbid rescission for non-fraudulent misrepresentation. A non-reliance clause takes effect when no party has entered an agreement with reliance on any representation of the other party. The chapter also expounds on the terms of contracting out under the Misrepresentation Act 1967 and the Consumer Rights Act 2015.

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