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Vol 25 No 2 Feb/March 2020

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Misrepresentation, Mistake and Non-Disclosure 5th ed

ISBN13: 9780414071186
Previous Edition ISBN: 9780414057036
Published: November 2019
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £289.00

In stock.

This title explains in detail the doctrines of misrepresentation, mistake and non-disclosure as they affect the validity of contracts. It analyses the consequences of each, focusing in particular on the remedies available to parties in each case.

Key features:

  • Provides detailed guidance on how to tackle questions relating to misrepresentation, mistake and non-disclosure, whether at the stage of drafting contracts, or in resolving disputes over contracts affected by these issues.
  • In distinct sections, focuses on the nature of the defects in the formation of the contract as a result of misrepresentation, mistake and non-disclosure, and offers practical solutions.
  • Covers the common elements required for a claim of misrepresentation, including the statement of fact, the representor’s state of mind, reliance and causation; exclusion and limitation of liability, and practice and procedure.
  • Details the remedies available in cases of misrepresentation and the requirements for each remedy: rescission of the contract; liability in tort (deceit and negligence); statutory liability; breach of contract.
  • Covers the different types of mistake that can affect the validity of a contract and the available remedies.
  • Explains the (exceptional) circumstances in which a party has a duty of disclosure in negotiating a contract, and the remedies for breach of the duty.

Contract Law
1. General introduction;

2. Introduction – the claim for misrepresentation;
3. Elements common to a claim for misrepresentation;
4. Rescission of the contract for misrepresentation
5. Liability in tort for misrepresentation - fraudulent misrepresentation;
6. Liability in tort for misrepresentation – negligent misrepresentation;
7. Statutory liability for misrepresentation;
8. Misrepresentation as breach of contract;
9. Exclusion and limitation of liability for misrepresentation;
10. Misrepresentation as a defence;
11. Practice and procedure relating to claims for misrepresentation;

12. Introduction to mistake – categorising mistakes;
13. Mistakes about the terms of the contract;
14. Mistakes about the identity of the other party;
15. Mistakes about the subject matter of the contract;

16. Introduction to non-disclosure – no general duty of disclosure;
17. 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
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
Misrepresentation, Mistake and Non-Disclosure 4th ed ISBN 9780414057036
Published December 2016
Sweet & Maxwell Ltd
Out of print
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