Superior Court Explains Reliance Disclaimer Clauses
Pivotal Payments Direct Corp. v. Planet Payment Inc., No. 15C-02059-EMD CCLD (December 29, 2015)
A party to a contract may try to limit any future claims of fraudulent inducement by providing an anti-reliance clause in its contracts. As this decision explains, such clauses need to be carefully drafted and particularly need to address any oral statements made before the contract is signed. This decision is also useful for its coverage of the distinction between fraud and breach of contract claims based on whether the claim alleges fraudulent intent.