Avoidance of Disclaimer by Action for Fraudulent Misrepresentation

Authors

Eugene H. Sage

Abstract

The recent Washington Supreme Court decision in the case of Nyquist v. Foster dealt with the troublesome problem of a chattel vendee's right to rescind upon proof of the vendor's fraudulent misrepresentation in a sales situation where the contract of sale contains a disclaimer clause. The purpose of the disclaimer clause is to prevent a suit by the purchaser upon a theory of either express or implied warranty. The common practice of inserting such a clause in a contract of sale makes any ruling upon its effective scope in limiting a vendee's possible right of action a matter of importance to lawyers and businessmen.

First Page

54

Recommended Citation

Eugene H. Sage, Comment, Avoidance of Disclaimer by Action for Fraudulent Misrepresentation, 30 Wash. L. Rev. & St. B.J. 54 (1955).
Available at: https://digitalcommons.law.uw.edu/wlr/vol30/iss1/5