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Misrepresentation, Mistake and Non-Disclosure, 5th Edition

Misrepresentation, Mistake and Non-Disclosure, 5th Edition

  • Author:
  • Publisher: Sweet & Maxwell U.K.
  • ISBN: 9780414071186
  • 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

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