Subjects:

Contract Law

Contents:

General Introduction

Part I: 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 and negligent misrepresentation

Statutory liability for misrepresentation

Liability in equity 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

Part II: 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, or the surrounding circumstances

Part III: Non-disclosure

The problems of non-disclosure

The general rule: no duty of disclosure

Particular duties of disclosure

Comparisons and trends

This high-level, practitioner text examines in detail these three allied areas of contract law, explaining the circumstances in which they can arise, the available remedies and their inter-relationship.

In one volume it draws together the complex mixture of rules of common law and statute that comprise the law in this area and is written in such a way that practitioners can immediately find a discussion of the particular problem they face.

• Steers practitioners through the complex range of remedies that might be available for misrepresentation
• Explains the links between claims based on mistake and claims for misrepresentation.
• Examines recent case law in detail, in particular Shogun Finance Ltd v Hudson (on mistake of identity) and The Great Peace (on mistake)
• Considers recent legislative developments such the Prospectus Regulations 2005 and duties of disclosure arising from Home Information Packs
• Draws comparisons with other jurisdictions and looks at the directions in which English law might develop