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06 October 2011 / Andrew Francis
Issue: 7484 / Categories: Features , Property
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Just & reasonable

Andrew Francis examines the reasonableness of standard conditions in property contracts

Cleaver v Schyde Investments Ltd [2011] EWCA Civ 929, [2011] All ER (D) 285 (Jul) is authority from the Court of Appeal for the proposition that, on its facts, standard condition 7.1.3 of the Standard Conditions of Sale (4th Edn) (SCS) was not fair and reasonable under s 3 of the Misrepresentation Act 1967 (MA 1967) and s 11 of the Unfair Contract Terms Act 1977 (UCTA 1977). The purchaser, who was the victim of an innocent misrepresentation, was allowed to rescind the contract for the purchase of the land it had contracted to buy.

Important decision

The decision is important because:

  • The SCS are much used and often varied, but are infrequently the subject of judicial consideration. A decision of the court on the SCS is worthy of examination.
  • It deals with the factual question of whether the reasonableness test has been established under UCTA 1977, s 11.
  • It reminds us of the difficulty placed on appellants in cases on
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The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
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