Australian Capital Territory Current Acts

CIVIL LAW (WRONGS) ACT 2002 - SECT 176

    (1)     This section applies if an agreement contains a provision that would, apart from this section, exclude or restrict—

        (a)     any liability of a party to a contract because of a misrepresentation made by the party before the contract was made; or

        (b)     any remedy available to another party to the contract because of a misrepresentation mentioned in paragraph (a).

    (2)     The provision is of no effect.

    (3)     However, in an action arising out of the contract, the court may allow the provision to be relied on if the court considers it fair and reasonable in the circumstances to rely on it.