Misrepresentation, Mistake and Non-Disclosure - Hardback | Commercial Law

PRODUCT DESCRIPTION

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).

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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.