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Vol 21 No 11 Nov/Dec 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Misrepresentation, Mistake and Non-Disclosure 4th ed isbn 9780414057036

Misrepresentation, Mistake and Non-Disclosure 3rd ed


ISBN13: 9780414049550
New Edition ISBN: 9780414057036
Previous Edition ISBN: 9780421877207
Published: February 2012
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardcover
Price: Out of print



Contract law can be complex, so understanding the intricacies is crucial in ensuring you can identify when a contract can be challenged and the remedies available.

This authoritative practitioner text fully explains the role of misrepresentation in contract law, and further expands on the role of mistake and non-disclosure in a contractual dispute.

It provides a clear explanation into the definitions and differences between misrepresentation, mistake and non-disclosure, and is structured around remedies available for misrepresentation, mistake and non-disclosure to give practical focus for practitioners.

The new edition is fully updated in relation to both case law and statutory developments, including discussions of areas where points are still unclear or may be further reviewed by the courts or subject to statutory reform.

  • Includes statutory developments in duties of disclosure such as those in the Consumer Credit (EU Directive) Regulations 2010, the Consumer Credit (Disclosure of Information) Regulations 2010, and the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010
  • Covers the Consumer Protection from Unfair Trading Regulations 2008
  • Discusses the Law Commission’s review of insurance law, including radical proposals for reform of the remedies for misrepresentation and non-disclosure to be enacted in the Consumer Insurance (Disclosure and Representations) Bill 2011
  • Includes references to the topic of business protection from the Misleading Marketing Regulations 2008
  • Includes new case law, such as The Court of Appeal’s decision in Conlon v Simms [2006] on the duties of disclosure in forming a partnership and on liability in tort for breach of a duty of disclosure, and a number of cases exploring the scope of damages recoverable in the tort of deceit, such as 4 Eng Ltd v Harper [2008] and Parabola Investments Ltd v Browallia Cal Ltd [2010] on recovery of loss of profits and loss of chance.

Subjects:
Contract Law
Contents:
PART I: MISREPRESENTATION
Chapter 1: General Introduction
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- Fraudulent misrepresentation
Chapter 6: Liability in tort for misrepresentation- 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 disclosure
Chapter 17: Particular duties of disclosure