In brief - Exclusion provisions in contracts now less
likely to be given effect by courts
Recent decisions of the courts show that they are less likely
nowadays to give effect to exclusionary provisions in contract
documentation or statements that a party is not liable for the
accuracy or omissions from material provided and that the buyer,
lessee or other contracting party is entering into the contractual
arrangement at its own risk.
These provisions are therefore less of a safety net for
developers, lessors and others involved in the property industry
than previously thought.
Property transaction documents often contain exclusion
provisions
Many contracts, advertising and marketing material and documents
issued or distributed in connection with property transactions (for
example conditions of tender) contain exclusion provisions or
statements that the party receiving the information or
documentation relies totally on its own enquiries and
investigations.
