“It has long been established that at common law a person cannot avoid liability for fraudulent statements by inserting a clause in the contract that the other party is not to rely upon them: S Pearson & Son Ltd v Dublin Corpn [1907] AC 351. However, fraudulent or reckless mis-representations are notoriously difficult to prove, not least because, although the civil standard of proof applies, cogent evidence will be required to establish the ‘misdemeanour’. And, of course, the relevant knowledge and/or documentation needed to satisfy the Court are likely to be within the representor’s control.”
Hardwicke Chambers, 30th September 2011
Source: www.hardwicke.co.uk
