Subjects:

Contract Law

Contents:

What constitutes implied and expressed misrepresentation

Determining falsity and the canons of construction used

Establishing the intention and belief of the representor

Providing inducement and materiality

Classes of transaction which constitutes alteration of position

Parties to a representation whether an individual, principal or agent

Bringing an action for fraudulent misrepresentation

Principles governing the assessment of damages in deceit

Bringing an action for damages for innocent misrepresentation under the 1967 Act

Other statutory provisions which create causes of action or defences in respect of misrepresentation

Rescinding a transaction for fraud and innocent misrepresentation

Rules of pleadings and practice

Liability for negligent misrepresentation based on Hedley Byrne principles

Account of the devilment of the action for misrepresentation and the 1962 Jenkins report on the law of misrepresentation which led to the 1967 Act

The principle statutory provisions dealing with misrepresentation

Analysis of key judicial decisions in the UK, commonwealth jurisdictions and Ireland including the recent case of Smith New Court Securities Ltd. v Scrimgeour Vickers (Asset Management) Ltd."

Any false representation made by one person to another, with the object and result of inducing him to enter into a contract or transaction with the representor, or otherwise to alter his position to his prejudice, may be the subject of a claim for damages at the instance of the latter person.

The new edition of this legal classic takes into account the considerable judicial and legislative activity both in the UK and overseas, since the last edition was published in 1974, and provides thorough analysis of this area as well as supplying conclusive material to back claims.

This new edition:-

• Covers fraudulent, innocent and negligent misrepresentations and misrepresentations made actionable by statute
• Sets out in full the law and practice of bringing an action for misrepresentation
• Also deals with the remedies and defences available
• Provides substantial coverage of key decisions and legislative activity in both the UK and Commonwealth jurisdictions
• In-depth treatment of the Hedley Byrne principles and recent cases including Smith New Court Securities