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