A representee's industrious checking of figures supplied by the representor does not negate reliance on the representations; rather, it demonstrates the importance placed on what was represented and indicates the representations had effect on the representee's thinking. A contractual clause acknowledging non-reliance on representations is ineffective to defeat a statutory claim for misleading or deceptive conduct, and where the representation is believed, the representee signs the contract including the exclusion clause precisely because the representation is believed. A failure to correct previously made representations about business profitability, when the representor knows those representations have become false before the contract is executed, constitutes misleading or deceptive conduct.
The full text is available to signed-in members, including the 34 later cases that cite this judgment.
1 of the 34 citing cases carry a classified treatment. How each court treated it is available to signed-in members.