Misrepresentation, Mistake and Non-Disclosure, 6th Edition

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Misrepresentation, Mistake and Non-Disclosure, 6th Edition

By John Cartwright
Sweet & Maxwell U.K. August 2022

Specifications

ISBN-13
9780414089235
Publisher
Sweet & Maxwell U.K.
Publication
August 2022
Format
Hardback
Jurisdiction
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.

MAIN 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.
NEW TO THIS EDITION
Takes into account all the major developments in case law in these areas, including decisions of:
  • The Supreme Court in Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd (2019: defence of illegality and attribution of director’s fraud to company); Test Claimants in the FII Group Litigation v Revenue and Customs Commissioners (2020: mistake of law and limitation); Grondona v Stoffel & Co (2020: defence of illegality); Marex Financial Ltd v Sevilleja (2020: “reflective loss”); Manchester Building Society v Grant Thornton UK LLP and Meadows v Khan (2021: negligence, including scope of duty of care); Triple Point Technology Inc v PTT Public Co Ltd (2021: exclusion clauses);
  • The Court of Appeal in Glossop Cartons and Print Ltd v Contact (Print and Packaging) Ltd (2021: measure of damages in deceit); IGE USA Investments Ltd v Revenue and Customs Commissioners (2021: rescission for misrepresentation and application of the Limitation Act 1980 by analogy to bar rescission); Manek v IIFL Wealth (UK) Ltd (2021: deceit); Tuke v Hood (2022: deceit); SK Shipping Europe plc v Capital VLCC 3 Corp (2022: implied representation and rescission); and
  • The High Court in Vald Nielsen Holding A/S v Baldorino (2019: deceit); SK Shipping Europe Plc v Capital VLCC 3 Corp (2020: affirmation; Misrepresentation Act 1967 s.2(2)); Elston v King (2020: mistake); Leeds City Council v Barclays Bank plc (2021: misrepresentation and reliance; affirmation as a bar to rescission); Wiggin Osborne Fullerlove v Bond (2021: implied representations); Skatteforvaltningen (the Danish Customs and Tax Administration) v Solo Capital Partners LLP (2021: costs in action based on fraud); PCP Capital Partners LLP v Barclays Bank (2021: costs in action based on fraud); McFarland-Cruickshanks v England Kerr Hands Solicitors Ltd (2021) and McClean v Thornhill (2022: scope of barrister’s duty of care); Pisante v Logothetis (2022; deceit); and Abu Dhabi Commercial Bank PJSC v Shetty (2022: operation of Statute of Frauds Amendment Act 1828).

Table of Contents

1. General introduction; 
PART 1: MISREPRESENTATION; 
2 Introduction – the claim for misrepresentation; 
3. Elements common to a claim for misrepresentation; 
4. Rescission of the contract for misrepresentation; 
5. Liability in tort for misrepresentation - fraudulent misrepresentation; 
6. Liability in tort for misrepresentation – negligent misrepresentation; 
7. Statutory liability for misrepresentation; 
8. Misrepresentation as breach of contract; 
9. Exclusion and limitation of liability for misrepresentation; 
10. Misrepresentation as a defence; 
11. Practice and procedure relating to claims for misrepresentation; 
PART 2: MISTAKE; 
12. Introduction to mistake – categorising mistakes; 
13. Mistakes about the terms of the contract; 
14. Mistakes about the identity of the other party; 
15. Mistakes about the subject matter of the contract; 
PART 3 NON-DISCLOSURE; 
16. Introduction to non-disclosure – no general duty of disclosure; 
17. Particular duties of disclosure.
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