Publication Type
Journal Article
Publication
Singapore Law Journal (Lexicon)
Publication Date
1-2021
Abstract
Exclusion of liability for misrepresentation has long been controversial. There are many ways in which one could go about doing it, namely, through express exclusion of liability clauses, entire agreement clauses, non-reliance clauses, and maybe even basis clauses. The key question is whether such clauses are subject to s 3 of the Misrepresentation Act, which prevents a contracting party from escaping liability when it is unreasonable to do so. Notably, English jurisprudence has taken the view that any term that excludes liability for misrepresentation in effect would be subject to the test of reasonableness. Singapore appears to be moving in the same direction, and this paper explores why Singapore should do so. The bottom line is that a contracting party should not be given full immunity for misrepresentation when the other contracting party is unsavvy and/or unwary.
Disciplines
Courts | International Law
ISSN/ISBN
2737-5048
Publisher
SMU Lexicon, SMU School of Law
Version
publishedVersion
Copyright Holder
Singapore Management University
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Format
application/PDF
Citation
KOH, Zhi Jia.
Form or substance? Excluding liability for misrepresentation. (2021). Singapore Law Journal (Lexicon). 1, 68.
Available at: https://ink.library.smu.edu.sg/sljlexicon/6
Volume
1
Page
68
Additional URL
https://www.docdroid.com/el45RiF/lexicon-singapore-law-journal-jan-2021-edition-pdf