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Thomas Witter Ltd v TBP Industries
''Thomas Witter Ltd v TBP Industries'' () 2 All ER 573 is an English contract law case, concerning misrepresentation. Doubt has been cast in its decision as to availability of rescission by ''Floods of Queensferry Ltd v Shand Construction Ltd''〔() BLR 81〕 and ''Government of Zanzibar v British Aerospace (Lancaster House) Ltd''.〔() 1 WLR 2333〕
==Facts==
In December 1989, D, a conglomerate negotiated the sale of a carpet company to P. In the course of so doing D negligently misrepresented that there was a special one off expense of GBP 120,000 in accounts produced, and that those accounts spread the bi-annual expense of producing pattern books over two years instead of immediately writing it off. The sale contract included a provision stating that P acknowledged it had not been induced to enter into the agreement by any representation or warranty, and a contractual limitation clause that D was not liable for a breach of the agreement unless written notice was given by January 1, 1992. When P sued for negligent misrepresentation, D sought to rely on those two contractual provisions.
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