Walker v Boyle
Encyclopedia
Walker v Boyle [1982] 1 WLR 495 is an English contract law
case, concerning misrepresentation
, and the possibility to exclude liability for it under the Misrepresentation Act 1967
s 3.
, West Sussex
for £105,000. During negotiations Mr Walker sent enquiries to Mr Boyle asking,
Mrs Boyle asked her husband who answered ‘no’. But really there had been a long running dispute with the neighbour, which Mr Boyle incorrectly thought had been settled. Condition 17(1) of the contract (which incorporated the ‘National Conditions of Sale’) said that,
Mr Walker brought an action for rescission based on misrepresentation. The question was whether Mr and Mrs Boyle could rely on the exclusion clause and whether it was reasonable under MA 1967 s 3.
in this case. Neither parties’ solicitors directed their minds to condition 17, so it was not one which ‘ought reasonably to have been known to or in the contemplation of the parties’. He added that the National Conditions of Sale, though common, were not the product of negotiations between interested trade parties.
English contract law
English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth , and the United States...
case, concerning misrepresentation
Misrepresentation in English law
Misrepresentation in English law is an area of English contract law, which allows a person to escape a contractual obligation or claim compensation for losses. If one person can show that she entered an agreement because of another person's false assurances, then the other person will be unable to...
, and the possibility to exclude liability for it under the Misrepresentation Act 1967
Misrepresentation Act 1967
Misrepresentation Act 1967 is an Act of the Parliament of the United Kingdom, which regulates English contract law and unjust enrichment, so far as relevant for misrepresentations.-Section 1:-Section 2:...
s 3.
Facts
Mr Walker negotiated with Mrs Boyle to purchase Stall House in Stall House Lane, PulboroughPulborough
Pulborough is a large village and civil parish in the Horsham district of West Sussex, England, with some 5,000 inhabitants. It is located almost centrally within West Sussex and is south west of London. It is at the junction of the north-south A29 and the east-west roads.The village is near the...
, West Sussex
West Sussex
West Sussex is a county in the south of England, bordering onto East Sussex , Hampshire and Surrey. The county of Sussex has been divided into East and West since the 12th century, and obtained separate county councils in 1888, but it remained a single ceremonial county until 1974 and the coming...
for £105,000. During negotiations Mr Walker sent enquiries to Mr Boyle asking,
‘Is the vendor aware of any disputes regarding the boundaries, easements, covenants or other matters relating to the property or its use?’
Mrs Boyle asked her husband who answered ‘no’. But really there had been a long running dispute with the neighbour, which Mr Boyle incorrectly thought had been settled. Condition 17(1) of the contract (which incorporated the ‘National Conditions of Sale’) said that,
‘no error, misstatement or omission in any preliminary answer concerning the property shall annul the sale’.
Mr Walker brought an action for rescission based on misrepresentation. The question was whether Mr and Mrs Boyle could rely on the exclusion clause and whether it was reasonable under MA 1967 s 3.
Judgment
Dillon J held the condition fell foul of s 3 MA 1967. He held Mrs Boyle had not shown that the exclusion satisfied s 11 of the Unfair Contract Terms Act 1977Unfair Contract Terms Act 1977
The Unfair Contract Terms Act 1977 is an Act of Parliament of the United Kingdom which regulates contracts by restricting the operation and legality of some contract terms. It extends to nearly all forms of contract and one of its most important functions is limiting the applicability of...
in this case. Neither parties’ solicitors directed their minds to condition 17, so it was not one which ‘ought reasonably to have been known to or in the contemplation of the parties’. He added that the National Conditions of Sale, though common, were not the product of negotiations between interested trade parties.
See also
- English contract lawEnglish contract lawEnglish contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth , and the United States...
- Misrepresentation in English lawMisrepresentation in English lawMisrepresentation in English law is an area of English contract law, which allows a person to escape a contractual obligation or claim compensation for losses. If one person can show that she entered an agreement because of another person's false assurances, then the other person will be unable to...