entire agreement clauses under spotlight again

AXA SUN LIFE SERVICES v CAMPBELL MARTIN & OTHERS (CA) Part 1 [2011]

This dispute related to whether an entire agreement clause was effective to exclude claims for misrepresentation, breach of collateral warranties (effectively ‘side promises’) and/or implied terms.  The Court of Appeal (“CA”) then considered the application of the Unfair Contract Terms Act 1977 (“UCTA”) to the entire agreement clause. Similar cases have been before the High Court (“HC”) recently but seemingly this was the first time these issues had come before the more authoritative CA.

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