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06 October 2011 / Andrew Francis
Issue: 7484 / Categories: Features , Property
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Just & reasonable

Andrew Francis examines the reasonableness of standard conditions in property contracts

Cleaver v Schyde Investments Ltd [2011] EWCA Civ 929, [2011] All ER (D) 285 (Jul) is authority from the Court of Appeal for the proposition that, on its facts, standard condition 7.1.3 of the Standard Conditions of Sale (4th Edn) (SCS) was not fair and reasonable under s 3 of the Misrepresentation Act 1967 (MA 1967) and s 11 of the Unfair Contract Terms Act 1977 (UCTA 1977). The purchaser, who was the victim of an innocent misrepresentation, was allowed to rescind the contract for the purchase of the land it had contracted to buy.

Important decision

The decision is important because:

  • The SCS are much used and often varied, but are infrequently the subject of judicial consideration. A decision of the court on the SCS is worthy of examination.
  • It deals with the factual question of whether the reasonableness test has been established under UCTA 1977, s 11.
  • It reminds us of the difficulty placed on appellants in cases on
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NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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