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Misrepresentation, Mistake and Non-Disclosure
Misrepresentation, Mistake and Non-Disclosure
4th Edition
Series:  Contract Law Library
Practice Area:  Contract Law
ISBN:  9780414057036
Published by:  Sweet & Maxwell
Publication Date:  02 Dec 2016
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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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.

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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:

    • Incorporates significant legislative changes to the law of misrepresentation and non-disclosure, including the new remedies for consumers arising from the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Consumer Protection (Amendment) Regulations 2014 and the Consumer Rights Act 2015; and the reform of the insured’s duty of disclosure by the Consumer Insurance (Disclosure and Representations) Act 2012 and the Insurance Act 2015.
    • Takes into account all the major developments in case law in these areas, including the decisions of the Supreme Court in Pitt v Holt (2013), Cramaso LLP v Ogilvie-Grant (2014), AIB Group (UK) Plc v Mark Redler & Co. Solicitors  (2014), Hayward v Zurich Insurance Co. Plc (2016) and Patel v Mirza (2016); of the Court of Appeal in Salt v Stratstone Specialist Ltd (2015); and of the High Court in Sycamore Bidco Ltd v Breslin (2012), Yam Seng Pte Ltd v International Trade Corp. Ltd (2013) and National Crime Agency v Robb (2014).

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    • General introduction
    • Introduction to misrepresentation – the claim for misrepresentation
    • Elements common to a claim for misrepresentation
    • Rescission of the contract for misrepresentation
    • Liability in tort for misrepresentation - fraudulent misrepresentation
    • Liability in tort for misrepresentation – negligent misrepresentation
    • Statutory liability for misrepresentation
    • Misrepresentation as breach of contract
    • Exclusion and limitation of liability for misrepresentation
    • Misrepresentation as a defence
    • Practice and procedure relating to claims for misrepresentation
    • Introduction to mistake – categorising mistakes
    • Mistakes about the terms of the contract
    • Mistakes about the identity of the other party
    • Mistakes about the subject matter of the contract
    • Introduction to non-disclosure – no general duty of disclosure
    • Particular duties of disclosure
    • Index.
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