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Vol 21 No 10 Oct/Nov 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 3rd ed isbn 9780414049550

Misrepresentation, Mistake and Non-Disclosure 2nd ed

ISBN13: 9780421877207
ISBN: 0421877200
New Edition ISBN: 9780414049550
Previous Edition ISBN: 0421626704
Published: December 2006
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print

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

Contract Law
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

Series: Contract Law Library

Illegality and Public Policy 4th ed ISBN 9780414059443
To be published October 2018
Sweet & Maxwell Ltd
Misrepresentation, Mistake and Non-Disclosure 4th ed ISBN 9780414057036
Published December 2016
Sweet & Maxwell Ltd
Damages for Breach of Contract ISBN 9780414055469
Published November 2016
Sweet & Maxwell Ltd
Estoppel by Conduct and Election 2nd ed ISBN 9780414028449
Published February 2016
Sweet & Maxwell Ltd
Illegality and Public Policy 3rd ed ISBN 9780414028395
Published November 2013
Sweet & Maxwell Ltd
Duress, Undue Influence and Unconscionable Dealings 2nd ed ISBN 9781847038036
Published December 2012
Sweet & Maxwell Ltd
Misrepresentation, Mistake and Non-Disclosure 3rd ed ISBN 9780414049550
Published February 2012
Sweet & Maxwell Ltd
The Interpretation of Contracts 4th ed with 1st Supplement ISBN 9780414041295
Published December 2009
Sweet & Maxwell Ltd
Out of print
Illegality and Public Policy 2nd ed ISBN 9781847032966
Published June 2009
Sweet & Maxwell Ltd
Out of print
Estoppel by Conduct and Election ISBN 9780421912106
Published August 2006
Sweet & Maxwell Ltd
Out of print