Legal Opinion · Dissent

Slack v. James

Supreme Court of South Carolina

Decided June 6, 2005No. 25998Published

1DissentChief Justice Toal

I respectfully dissent. In my opinion, the sales contract Buyers signed included a binding non-reliance clause. Therefore, I would reverse the court of appeals and uphold the trial court’s dismissal of Buyers’ fraud and misrepresentation claims. The parties’ sales contract provides in part:

*62021. ENTIRE AGREEMENT. This written instrument expresses the entire agreement, and all promises, covenants, and warranties between the Buyer and Seller. It can only be changed by a subsequent written instrument (Addendum) signed by both parties. Both Buyer and Seller hereby acknowledge that they have not…

2Cases cited5 opinions

  1. Sauner v. Public Service AuthoritySupreme Court of South Carolina · 2003
  2. Gilliland v. Elmwood PropertiesSupreme Court of South Carolina · 1990
  3. Redwend Ltd. Partnership v. EdwardsCourt of Appeals of South Carolina · 2003
  4. Lundy v. Palmetto State Life InsuranceSupreme Court of South Carolina · 1971
  5. Cole Ex Rel. Estate of Cole v. South Carolina Electric & Gas, Inc.Court of Appeals of South Carolina · 2003

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API