Legal Question in Business Law in Australia
Is it possible to contract out of legislation? Example if you make a misleading statement in negations of a contract and then insert a clause that states that all discussions negotiations is disregarded.
1 Answer from Attorneys
Generally, you cannot contract out of a legislative prohibition against engaging in misleading or deceptive conduct.
However, you may include provisions in a contract which require the other party to undertake its own investigations prior to entering into the contract. Depending on the specific circumstances you may be able to rely upon such provisions to establish that the other party hasn't relied on any misleading or deceptive statements made when negotiating the contract.
Please do not hesitate to contact me on +61 3 9909 7745 if you require any further assistance in respect of your matter.
Kind regards
Kent
Kent Davey
Director | Principal Solicitor
TECHCOMM LEGAL
Technology & Communications Lawyers
Office: +61 3 9909 7745
Mobile: +61 (0)419 375 242
Email: [email protected]
Website: www.techcomm.com.au
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