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Misrepresentation, Mistake and Non-Disclosure, 5th Edition

Misrepresentation, Mistake and Non-Disclosure, 5th Edition

Author: Professor John Cartwright
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414071186

Previous Edition ISBN: 9780414057036
Published In: November 2019
Format: Hardback
Jurisdiction: Commonwealth, U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This title explains in detail the doctrines of misrepresentation, mistake and non-disclosure as they affect the validity of contracts. It analyses the consequences of each, focusing in particular on the remedies available to parties in each case.

Key features:

Provides detailed guidance on how to tackle questions relating to misrepresentation, mistake and non-disclosure, whether at the stage of drafting contracts, or in resolving disputes over contracts affected by these issues.
In distinct sections, focuses on the nature of the defects in the formation of the contract as a result of misrepresentation, mistake and non-disclosure, and offers practical solutions.
Covers the common elements required for a claim of misrepresentation, including the statement of fact, the representor’s state of mind, reliance and causation; exclusion and limitation of liability, and practice and procedure.
Details the remedies available in cases of misrepresentation and the requirements for each remedy: rescission of the contract; liability in tort (deceit and negligence); statutory liability; breach of contract.
Covers the different types of mistake that can affect the validity of a contract and the available remedies.
Explains the (exceptional) circumstances in which a party has a duty of disclosure in negotiating a contract, and the remedies for breach of the duty.

General Introduction

PART I: MISREPRESENTATION
Chapter 2: Introduction: The claim for misrepresentation
Chapter 3: Elements common to a claim for misrepresentation
Chapter 4: Rescission of the contract for misrepresentation
Chapter 5: Liability in tort for misrepresentation: I - Fraudulent misrepresentation
Chapter 6: Liability in tort for misrepresentation: II - Negligent misrepresentation
Chapter 7: Statutory liability for misrepresentation
Chapter 8: Misrepresentation as breach of contract
Chapter 9: Exclusion and limitation of liability for misrepresentation
Chapter 10: Misrepresentation as a defence
Chapter 11: Practice and procedure relating to claims for misrepresentation

PART II: MISTAKE
Chapter 12: Introduction: Categorising mistakes
Chapter 13: Mistakes about the terms of the contract
Chapter 14: Mistakes about the identity of the other party
Chapter 15: Mistakes about the subject-matter of the contract

PART III: NON - DISCLOSURE
Chapter 16: Introduction – No general duty of dislosure
Chapter 17: Particular duties of disclosure