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Vol 25 No 2 Feb/March 2020

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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 5th ed isbn 9780414071186

Misrepresentation, Mistake and Non-Disclosure 4th ed

ISBN13: 9780414057036
New Edition ISBN: 9780414071186
Previous Edition ISBN: 9780414049550
Published: December 2016
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print

This book explains the doctrines of misrepresentation, mistake and non-disclosure as they affect the drafting and interpretation of contracts. It then analyses the consequences of each, as well as the remedies available to parties in each case.

Main Features:-

  • The book gives practitioners all the insight they need in order to tackle misrepresentation, mistake and non-disclosure, whether drafting and interpreting contracts, or resolving disputes over contracts made void by these issues.
  • The book’s three distinct sections deal with each of these issues in turn (Part I – Misrepresentation, Part II – Mistake, Part III – Non-disclosure).
  • Each focuses on defects in the formation of the contract, and the practical solutions that may be employed.
  • Details the remedies available in cases of misrepresentation
  • Covers the common elements required for a claim of misrepresentation, including the statement of fact, the representor’s state of mind, reliance and causation.
  • Covers rescission of the contract for misrepresentation, including remedies, elements of the claim, limits to the claim, and the effect of third parties.
  • Explains liability in tort for misrepresentation - firstly the tort of deceit, secondly the tort of negligence - their relevant defences, damages recoverable and fraud.
  • Covers statutory liability under the Misrpresentation Act 1967, as well as the Financial Services and Markets Act 2000 and the Package Travel, Package Holidays and Package Tours Regulations 1992, and other relevant statutes.
  • Analyses the elements of the claim, defences and remedies available when misrepresentation breaches a contract.
  • Establishes the exclusions and limitations of liability of a claim of misrepresentation, in common law and in statute.
  • Explains how misrepresentation can operate as a defence (as distinguished from a counterclaim based on misrepresentation).
  • Sets out the practice and procedure needed when bringing a claim for misrepresentation, including the civil procedure rules.
  • Covers what a ‘mistake’ is, the various categories, and the remedies available.
  • Analyses the various instances of mistake around the terms of the contract, with practical examples of the ‘objective test’ that applies in contract formation.
  • Looks at mistakes made about the identity of the other party, including the impact of the key decision in Shogun Finance v Hudson
  • Explains both unilateral and common mistakes about the subject-matter of the contract.
  • Sets out and explains the background to the general rule that there is no general pre-contractual duty to disclose, and reluctance of the courts to impose duties of disclosure on parties to a contract.
  • The book then explains those particular duties of disclosure which have been recognised, as well as the statutory remedies available in these instances.
  • Analysis includes the case law that clarifies the effectiveness of key principles like ‘no representation’ and ‘non-reliance’ clauses and the meaning of ‘common intention’. New to this Edition:-

    Incorporates significant legislative changes to the law of misrepresentation and non-disclosure, including the new remedies for consumers arising from the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Consumer Protection (Amendment) Regulations 2014 and the Consumer Rights Act 2015; and the reform of the insured’s duty of disclosure by the Consumer Insurance (Disclosure and Representations) Act 2012 and the Insurance Act 2015.

    Takes into account all the major developments in case law in these areas, including the decisions of the Supreme Court

    • Pitt v Holt (2013)
    • Cramaso LLP v Ogilvie-Grant (2014)
    • AIB Group (UK) Plc v Mark Redler & Co. Solicitors  (2014)
    • Hayward v Zurich Insurance Co. Plc (2016)
    • Patel v Mirza (2016)
    • The Court of Appeal
    • Salt v Stratstone Specialist Ltd (2015)
    • The High Court
    • Sycamore Bidco Ltd v Breslin (2012)
    • Yam Seng Pte Ltd v International Trade Corp. Ltd (2013)
    • National Crime Agency v Robb (2014).

  • Subjects:
    Contract Law
    General introduction
    Introduction to 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
    Liability in tort for misrepresentation – negligent misrepresentation
    Statutory liability 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
    Introduction to 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
    Introduction to non-disclosure – no general duty of disclosure
    Particular duties of disclosure

    Series: Contract Law Library

    Illegality and Public Policy 5th ed ISBN 9780414078482
    To be published October 2020
    Sweet & Maxwell Ltd
    Rectification: The Modern Law and Practice Governing Claims for Rectification for Mistake 3rd ed ISBN 9780414077737
    To be published September 2020
    Sweet & Maxwell Ltd
    Misrepresentation, Mistake and Non-Disclosure 5th ed ISBN 9780414071186
    Published November 2019
    Sweet & Maxwell Ltd
    Duress, Undue Influence and Unconscionable Dealings 3rd ed ISBN 9780414065802
    Published December 2018
    Sweet & Maxwell Ltd
    Illegality and Public Policy 4th ed ISBN 9780414059443
    Published March 2017
    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
    Duress, Undue Influence and Unconscionable Dealings 2nd ed ISBN 9781847038036
    Published December 2012
    Sweet & Maxwell Ltd
    Out of print
    The Interpretation of Contracts 4th ed with 1st Supplement ISBN 9780414041295
    Published December 2009
    Sweet & Maxwell Ltd
    Out of print
    The Interpretation of Contracts 4th ed ISBN 9781847033550
    Published December 2007
    Sweet & Maxwell Ltd
    Out of print
    Estoppel by Conduct and Election ISBN 9780421912106
    Published August 2006
    Sweet & Maxwell Ltd
    Out of print