Lloyd & Anor v Browning & Anor [2013] EWCA Civ 1637 (04 November 2013)

Lloyd & Anor v Browning & Anor [2013] EWCA Civ 1637 (04 November 2013)

The exclusion clause was fair and reasonable in this particular contract because both parties had legal advice, equal bargaining power, and the means to protect their interests by seeking written confirmation; thus, the clause precluded reliance on oral misrepresentations and the claim was properly dismissed.

Citation
[2013] EWCA Civ 1637
Parties
Claimant: Bryan Lloyd; Claimant: Jacqueline Lloyd; Defendant: William Browning; Defendant: Maureen Browning
Jurisdiction
England and Wales
Judgment Date
04 November 2013
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Misrepresentation, Exclusion Clauses, Unfair Contract Terms Act 1977, Sale of Land, Inducement, Reasonableness of Contractual Terms
Contract Law Property Law Misrepresentation Exclusion Clauses Unfair Contract Terms Act 1977 Sale of Land Inducement Reasonableness of Contractual Terms

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Parties

Bryan Lloyd

Claimant

Jacqueline Lloyd

Claimant

William Browning

Defendant

Maureen Browning

Defendant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the exclusion clause in the contract was fair and reasonable under section 11 of the Unfair Contract Terms Act 1977
  2. 2 Whether the misrepresentations induced the claimants to enter into the contract
  3. 3 Whether the exclusion clause precluded the claimants' reliance on oral misrepresentations

Ratio Decidendi

The exclusion clause was fair and reasonable in this particular contract because both parties had legal advice, equal bargaining power, and the means to protect their interests by seeking written confirmation; thus, the clause precluded reliance on oral misrepresentations and the claim was properly dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; judgment for the defendants stands.