Herbison v Papakura Video Ltd - [1987] 2 NZLR 527

Contract — Breach — Misrepresentation — Contract for the sale of video business contained express warranty by vendor as to turnover and express provisions that the purchaser had inspected and relied on the accuracy of certain documents emanating from the vendor — Contract also included a disclaimer that purchaser did not rely on any representations by vendor except as expressed in the contract — Purchaser claimed reliance on other information supplied by vendor but not referred to in contract — Turnover not as warranted and figures supplied by vendor misleading and inaccurate — Whether fair and reasonable that disclaimer should be conclusive — Balancing exercise for and against conclusiveness — Contractual Remedies Act 1979, s 4.