Walker v Boyle [1982]

Walker v Boyle [1982] 1 WLR 495 revolved around misrepresentation in the context of a property sale and the attempt to exclude liability under Section 3 of the Misrepresentation Act 1967.

Mr Walker was negotiating with Mrs Boyle for the purchase of Stall House in Stall House Lane, Pulborough, West Sussex, at a price of £105,000. During the negotiations, Mr Walker inquired about any disputes related to the property, specifically regarding boundaries, easements, covenants, or other relevant matters. Mrs Boyle consulted her husband, and he incorrectly responded with a 'no' despite an ongoing dispute with the neighbour, which he mistakenly believed had been settled. Condition 17(1) of the contract, incorporating the National Conditions of Sale, stated that no error, misstatement, or omission in any preliminary answer concerning the property would annul the sale.

Mr Walker initiated legal action seeking rescission based on misrepresentation. The key issue was whether Mr and Mrs Boyle could rely on the exclusion clause and whether it was reasonable under Section 3 of the Misrepresentation Act 1967.

Dillon J, in delivering the judgment, found that the condition ran afoul of Section 3 of the Misrepresentation Act 1967. He concluded that Mrs Boyle failed to demonstrate that the exclusion satisfied Section 11 of the Unfair Contract Terms Act 1977 in this case. The judge noted that neither party's solicitors had considered condition 17, making it one that ought reasonably to have been known to or in the contemplation of the parties.

Additionally, Dillon J emphasised that the National Conditions of Sale, though common, were not the result of negotiations between interested trade parties. The decision underscored the importance of meeting the reasonableness requirement when attempting to exclude liability for misrepresentation under relevant statutes.
Back to blog

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 case summaries. UOL Case Bank is constantly expanding. Speed up your revision with us now.

Subscribe Now

Where are our students from?

Yale University
Council of Europe
Baker Mckenzie 
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.