Contract Law

Misrepresentation, Mistake and Non-Disclosure, 5th Edition

By Professor John Cartwright
Sweet & Maxwell U.K. November 2019

Specifications

ISBN-13
9780414071186
Publisher
Sweet & Maxwell U.K.
Publication
November 2019
Format
Hardback
Jurisdiction
Commonwealth, U.K. ? Countri(es) for reference only
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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.

Table of Contents

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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