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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Spencer Bower & Handley on Actionable Misrepresentation 5th ed

ISBN13: 9781405782845
Previous Edition ISBN: 0406900051
Published: April 2014
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Hardback
Price: £243.00

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Wildy's Book of the Month: May 2014

In English law, an Actionable Misrepresentation is a false statement of fact made during pre-contractual negations made by one party which induces the other party to enter into a contract.

First published in the 1920s, Spencer Bower & Handley is the most authoritative and comprehensive book available on the topic of actionable misrepresentation. It covers fraudulent, innocent and negligent misrepresentations and misrepresentations made actionable by statute and sets out in full the law and practice of bringing an action for misrepresentation.

It also deals with the remedies and defences available, providing substantial coverage of key decisions and legislative activity in both the UK and Commonwealth jurisdictions. It also includes in-depth treatment of the Hedley Byrne principles and recent cases.

Contract Law, Tort Law
1. Introduction
2. Representation
3. How a representation may be made
4. Misrepresentation
5. Fraudulent and innocent misrepresentation
6. Inducement and materiality
7. Alteration of position and damage
8. Parties to a representation (1) the representor
9. Parties to a representation(2) the representee
10. When misrepresentation is actionable
11. The action for damages for fraudulent misrepresentation
12. Damages for fraud
13. The action for damages for innocent misrepresentation
14. Rescission
15. Rescission for innocent misrepresentation
16. Action to enforce rescission
17. Rescission- affirmative defences
18. Misrepresentation as defence
19. Statutory provisions as to misrepresentation
20. Misrepresentations available to third parties
21. Pleading and Practice
22. Negligent misrepresentation