ABSTRACT
This chapter is concerned with false representations being statements that have not become contract terms. It endeavours to highlight some of the key issues to consider when exploring whether misrepresentation may provide the reader with an exit route to get out of a contract. The 1967 Act provides that a contractual term which seeks to restrict liability or remedies for pre-contract misrepresentation is not effective except to the extent that the party seeking to rely on the restriction can show it to be fair and reasonable in the circumstances. Between sophisticated business parties it should be possible to agree that the final contract sets out all the terms and that the parties contract out of liability for pre-contract innocent or negligent misrepresentations. The chapter also deals with what is called 'waiver'.
