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Contract SolicitorMary Molloy Solicitors

Misrepresentation and Entire Agreement Clauses

"This document constitutes the entire agreement between the parties" — one quiet sentence that aims to delete every promise made before signature. Here's what it actually achieves.

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What the clause is for

Deals are sold before they are signed — projections, assurances, "of course it can do that". An entire agreement clause declares the written contract the complete record, superseding prior statements; its companion, the non-reliance clause, has each party acknowledge it relied on no representation outside the document. Together they aim to confine any later argument to the four corners of the contract — which is legitimate deal hygiene, and also, sometimes, a burial ground for the promises that induced you to sign.

What survives the clause

  • Fraud — liability for fraudulent misrepresentation cannot be excluded; no drafting rescues a lie
  • Poorly targeted drafting — a bare entire agreement clause may supersede prior contractual terms without excluding misrepresentation claims; excluding those requires the non-reliance limb, strictly construed against the drafter
  • Consumer protection — against consumers, such clauses face unfairness review
  • Rectification and implied terms — the clause does not prevent correcting a document that fails to record what was actually agreed

The practical rule: promises go in the document

If a statement mattered to your decision — capacity, compatibility, revenue, condition — have it written into the contract as a term or warranty. The negotiation over whether it goes in is itself diagnostic: a counterparty who insists the promise is true but refuses to write it down is telling you something. For remedies where you were misled into a contract, see misrepresentation claims; for the pre-signature check that catches these clauses, see contract review.

How our fees work

You get a fixed quote in writing before any work starts — no hourly-rate surprises and no meter running while you think. If the scope changes, the quote is revised in writing before we continue. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. How contract solicitor fees work in Ireland →

Frequently asked questions

Can a contract really exclude everything said in negotiations?

Largely, yes, between businesses with proper drafting — that is the clause's purpose, and courts respect it as allocating risk. The limits: fraud is never excluded, ambiguous drafting is construed narrowly, and consumers have additional protection.

I was promised something verbally that isn't in the written contract. Am I stuck?

Not necessarily — depending on the clause's wording, claims in misrepresentation may survive, a collateral contract argument may exist, and fraud changes everything. But the safe route was always the same: material promises belong in the document before signature.

Do entire agreement clauses work both ways?

Yes — they delete your pre-contract statements too. A supplier's reassurances and a customer's descriptions of requirements both vanish unless written in. Draft your own promises into the schedules with the same energy you scrutinise theirs.

Talk to a solicitor who reads contracts for a living. Call Mary Molloy Solicitors today.

Whether you are drafting terms for your business, handed a contract to sign, or unsure what a clause commits you to, an early conversation costs little and prevents a lot.

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