Podcast Location:
Download it here [file size: 24.7 MB]
Categories:
Corporate & Commercial Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at all commercial practitioners interested in the scope and validity of contractual provisions purporting to exclude pre-contractual representations and collateral agreements as well as claims for misrepresentation. In a concise and clear examination of the cases, Andrew Butler provides welcome clarity into this often confusing corner of modern contract law.

Outcomes:
After completing the course you will:
  • Understand the purpose of a non-reliance clause;
  • Understand the effectiveness of no-reliance clauses as a species of estoppel;
  • Understand the purpose of an entire agreement clause;
  • Understand the relationship between an ‘entire agreement clause’ and a ‘no reliance’ clauses;
  • Understand the typical features of an entire agreement clause;
  • Understand when an entire agreement clause will likely to offend the court’s sensibilities and when they are likely to be upheld;
  • Understand the role of s.3 Misrepresentation Act 1967 has in the construction of entire agreement clauses and no reliance clauses;
  • Know if an entire agreement clause alone van forestall a claim for misrepresentation;
  • Understand the extent to which an entire agreement clause susceptible to challenge under UCTA 1977;
  • Know what practitioners should be looking out for when assessing the strength and or scope of an entire agreement clause.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Peekay v Australia & New Zealand Banking Group [2006] 2 Lloyds Rep;
  • Misrepresentation Act 1967 s3;
  • Raiffeisen Zentralbank v Royal Bank of Scotland [2010] EWHC 1392;
  • AXA v Campbell Martin [2011] EWCA Civ 133;
  • Unfair Contract Terms Act 1977;
  • Deepak v ICI [1998] 2 Lloyds Rep 139;
  • FoodCo UK v Henry Boot [2010] EWHC 358;
  • Springwell Navigation v JP Morgan Chase [2010] EWCA Civ 1121;
  • Lloyd & MGL (Rugby) Ltd v Sutcliffe [2007] EWCA Civ 153;
  • Government of Zanzibar v British Aerospace (Lancaster House) Ltd [2000] EWHC 221 (Comm).
Tags:

This podcast with commercial barrister Andrew Butler explores the function and relationship between no-reliance clauses and entire agreement clauses in commercial contracts. It discusses their purpose and the attitudes the courts have adopted when considering these well litigated aspects of modern contract law.

Podcast added: 22/05/12

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