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This book is now Out of Print.
A new edition was published, see:
Misrepresentation, Mistake and Non-Disclosure 6th ed isbn 9780414089235

Misrepresentation, Mistake and Non-Disclosure 5th ed

John Cartwright

ISBN13: 9780414071186
New Edition ISBN: 9780414089235
Previous Edition ISBN: 9780414057036
Published: November 2019
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print




Also available as
eBook (ProView)
9780414075955
out of print
£293.00
Book & eBook Pack (ProView)
9780414075948
out of print
£381.00

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.

Subjects:
Contract Law
Contents:
1. General introduction;

PART 1: MISREPRESENTATION;
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;

PART 2: MISTAKE;
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;

PART 3 NON-DISCLOSURE;
16. Introduction to non-disclosure – no general duty of disclosure;
17. Particular duties of disclosure.

Series: Contract Law Library

Rectification: The Modern Law and Practice Governing Claims for Rectification for Mistake 3rd ed (eBook)
David Hodge
ISBN 9780414087385
To be published December 2025
Sweet & Maxwell Ltd
£245.00
(ProView)
Pre‑Order
Rectification: The Modern Law and Practice Governing Claims for Rectification for Mistake 3rd ed
David Hodge
ISBN 9780414077737
To be published December 2025
Sweet & Maxwell Ltd
£245.00
Rectification: The Modern Law and Practice Governing Claims for Rectification for Mistake 3rd ed (Book & eBook Pack)
David Hodge
ISBN 9780414087378
To be published December 2025
Sweet & Maxwell Ltd
£319.00
(ProView)
Pre‑Order
Damages for Breach of Contract 3rd ed (eBook)
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ISBN 9780414128873
To be published September 2025
Sweet & Maxwell Ltd
£229.50
(ProView)
Pre‑Order
Damages for Breach of Contract 3rd ed (Book & eBook Pack)
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ISBN 9780414128859
To be published September 2025
Sweet & Maxwell Ltd
£281.78
(ProView)
Pre‑Order
Damages for Breach of Contract 3rd ed
Katy Barnett
ISBN 9780414128842
To be published September 2025
Sweet & Maxwell Ltd
£255.00
Cover of Misrepresentation, Mistake and Non-Disclosure (Book & eBook Pack)
Misrepresentation, Mistake and Non-Disclosure 7th ed (Book & eBook Pack)
John Cartwright
ISBN 9780414121270
Published April 2025
Sweet & Maxwell Ltd
£422.50
(ProView)
Buy
Cover of Misrepresentation, Mistake and Non-Disclosure (eBook)
Misrepresentation, Mistake and Non-Disclosure 7th ed (eBook)
John Cartwright
ISBN 9780414121287
Published April 2025
Sweet & Maxwell Ltd
£325.00
(ProView)
Buy
Cover of Misrepresentation, Mistake and Non-Disclosure
Misrepresentation, Mistake and Non-Disclosure 7th ed
John Cartwright
ISBN 9780414121249
Published April 2025
Sweet & Maxwell Ltd
£325.00
Cover of Formation and Variation of Contracts (eBook)
Formation and Variation of Contracts 4th ed (eBook)
John Cartwright
ISBN 9780414119024
Published April 2024
Sweet & Maxwell Ltd
£302.00
(ProView)
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Cover of Formation and Variation of Contracts (Book & eBook Pack)
Formation and Variation of Contracts 4th ed (Book & eBook Pack)
John Cartwright
ISBN 9780414119017
Published April 2024
Sweet & Maxwell Ltd
£392.00
(ProView)
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Cover of Formation and Variation of Contracts
Formation and Variation of Contracts 4th ed
John Cartwright
ISBN 9780414119000
Published April 2024
Sweet & Maxwell Ltd
£302.00
Cover of Illegality and Public Policy (eBook)
Illegality and Public Policy 6th ed (eBook)
Richard A. Buckley
ISBN 9780414114494
Published September 2023
Sweet & Maxwell Ltd
£296.00
(ProView)
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Cover of Illegality and Public Policy
Illegality and Public Policy 6th ed
Richard A. Buckley
ISBN 9780414114470
Published September 2023
Sweet & Maxwell Ltd
£296.00
Cover of Illegality and Public Policy (Book & eBook Pack)
Illegality and Public Policy 6th ed (Book & eBook Pack)
Richard A. Buckley
ISBN 9780414114487
Published September 2023
Sweet & Maxwell Ltd
£385.00
(ProView)
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Cover of Contractual Duties: Performance, Breach, Termination and Remedies (eBook)
Contractual Duties: Performance, Breach, Termination and Remedies 4th ed (eBook)
Neil Andrews, Andrew Tettenborn, Graham Virgo
ISBN 9780414113992
Published August 2023
Sweet & Maxwell Ltd
£344.00
(ProView)
Buy
Cover of Contractual Duties: Performance, Breach, Termination and Remedies (Book & eBook Pack)
Contractual Duties: Performance, Breach, Termination and Remedies 4th ed (Book & eBook Pack)
Neil Andrews, Andrew Tettenborn, Graham Virgo
ISBN 9780414113985
Published August 2023
Sweet & Maxwell Ltd
£447.00
(ProView)
Buy
Cover of Contractual Duties: Performance, Breach, Termination and Remedies
Contractual Duties: Performance, Breach, Termination and Remedies 4th ed
Neil Andrews, Andrew Tettenborn, Graham Virgo
ISBN 9780414113978
Published August 2023
Sweet & Maxwell Ltd
£344.00
Cover of Estoppel by Conduct and Election
Estoppel by Conduct and Election 3rd ed
Patrick Keane AC KC
ISBN 9780414114005
Published June 2023
Sweet & Maxwell Ltd
£296.00
Cover of Estoppel by Conduct and Election (eBook)
Estoppel by Conduct and Election 3rd ed (eBook)
Patrick Keane AC KC
ISBN 9780414114029
Published June 2023
Sweet & Maxwell Ltd
£296.00
(ProView)
Buy
Cover of Estoppel by Conduct and Election (Book & eBook Pack)
Estoppel by Conduct and Election 3rd ed (Book & eBook Pack)
Patrick Keane AC KC
ISBN 9780414114012
Published June 2023
Sweet & Maxwell Ltd
£385.00
(ProView)
Buy
Cover of Duress, Undue Influence and Unconscionable Dealings (eBook)
Duress, Undue Influence and Unconscionable Dealings 4th ed (eBook)
Nelson Enonchong
ISBN 9780414110588
Published May 2023
Sweet & Maxwell Ltd
£332.00
(ProView)
Buy
Cover of Duress, Undue Influence and Unconscionable Dealings
Duress, Undue Influence and Unconscionable Dealings 4th ed
Nelson Enonchong
ISBN 9780414110557
Published May 2023
Sweet & Maxwell Ltd
£332.00
Cover of Duress, Undue Influence and Unconscionable Dealings (Book & eBook Pack)
Duress, Undue Influence and Unconscionable Dealings 4th ed (Book & eBook Pack)
Nelson Enonchong
ISBN 9780414110571
Published May 2023
Sweet & Maxwell Ltd
£431.00
(ProView)
Buy
Cover of Damages for Breach of Contract
Damages for Breach of Contract 2nd ed
Katy Barnett
ISBN 9780414110878
Published November 2022
Sweet & Maxwell Ltd
£281.00
Cover of Damages for Breach of Contract (Book & eBook Pack)
Damages for Breach of Contract 2nd ed (Book & eBook Pack)
Katy Barnett
ISBN 9780414110885
Published November 2022
Sweet & Maxwell Ltd
£365.00
(ProView)
Buy
Cover of Damages for Breach of Contract (eBook)
Damages for Breach of Contract 2nd ed (eBook)
Katy Barnett
ISBN 9780414110892
Published November 2022
Sweet & Maxwell Ltd
£281.00
(ProView)
Buy
Cover of Misrepresentation, Mistake and Non-Disclosure (eBook)
Misrepresentation, Mistake and Non-Disclosure 6th ed (eBook)
John Cartwright
ISBN 9780414089259
Published August 2022
Sweet & Maxwell Ltd
Out of print
Cover of Misrepresentation, Mistake and Non-Disclosure
Misrepresentation, Mistake and Non-Disclosure 6th ed
John Cartwright
ISBN 9780414089235
Published August 2022
Sweet & Maxwell Ltd
Out of print
Cover of Misrepresentation, Mistake and Non-Disclosure (Book & eBook Pack)
Misrepresentation, Mistake and Non-Disclosure 6th ed (Book & eBook Pack)
John Cartwright
ISBN 9780414089242
Published August 2022
Sweet & Maxwell Ltd
Out of print
Cover of Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed with 1st Supplement
Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed with 1st Supplement
Neil Andrews, Andrew Tettenborn, Graham Virgo
ISBN 9780414105904
Published July 2022
Sweet & Maxwell Ltd
Out of print
Cover of Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed with 1st Supplement (eBook)
Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed with 1st Supplement (eBook)
Neil Andrews, Andrew Tettenborn, Graham Virgo
ISBN 9780414102989
Published July 2022
Sweet & Maxwell Ltd
Out of print
Cover of Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed with 1st Supplement (Book & eBook Pack)
Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed with 1st Supplement (Book & eBook Pack)
Neil Andrews, Andrew Tettenborn, Graham Virgo
ISBN 9780414102972
Published July 2022
Sweet & Maxwell Ltd
Out of print
Cover of Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed: 1st Supplement
Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed: 1st Supplement
Neil Andrews, Andrew Tettenborn, Graham Virgo
ISBN 9780414102934
Published July 2022
Sweet & Maxwell Ltd
Out of print
Cover of Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed: 1st Supplement (eBook)
Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed: 1st Supplement (eBook)
Neil Andrews, Andrew Tettenborn, Graham Virgo
ISBN 9780414102958
Published July 2022
Sweet & Maxwell Ltd
Out of print
Cover of Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed: 1st Supplement (Book & eBook Pack)
Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed: 1st Supplement (Book & eBook Pack)
Neil Andrews, Andrew Tettenborn, Graham Virgo
ISBN 9780414102941
Published July 2022
Sweet & Maxwell Ltd
Out of print
Cover of Frustration and Force Majeure (Book & eBook Pack)
Frustration and Force Majeure 4th ed (Book & eBook Pack)
Edwin Peel
ISBN 9780414098572
Published December 2021
Sweet & Maxwell Ltd
£433.00
(ProView)
Buy
Cover of Frustration and Force Majeure (eBook)
Frustration and Force Majeure 4th ed (eBook)
Edwin Peel
ISBN 9780414098589
Published December 2021
Sweet & Maxwell Ltd
£332.00
(ProView)
Buy
Cover of Frustration and Force Majeure
Frustration and Force Majeure 4th ed
Edwin Peel
ISBN 9780414098558
Published December 2021
Sweet & Maxwell Ltd
£332.00
Cover of Formation and Variation of Contracts: The Agreement, Formalities, Consideration and Promissory Estoppel (Book & eBook Pack)
Formation and Variation of Contracts: The Agreement, Formalities, Consideration and Promissory Estoppel 3rd ed (Book & eBook Pack)
John Cartwright
ISBN 9780414090705
Published August 2021
Sweet & Maxwell Ltd
Out of print
Cover of Formation and Variation of Contracts: The Agreement, Formalities, Consideration and Promissory Estoppel (eBook)
Formation and Variation of Contracts: The Agreement, Formalities, Consideration and Promissory Estoppel 3rd ed (eBook)
John Cartwright
ISBN 9780414090712
Published August 2021
Sweet & Maxwell Ltd
Out of print
Cover of Formation and Variation of Contracts: The Agreement, Formalities, Consideration and Promissory Estoppel
Formation and Variation of Contracts: The Agreement, Formalities, Consideration and Promissory Estoppel 3rd ed
John Cartwright
ISBN 9780414090590
Published August 2021
Sweet & Maxwell Ltd
Out of print
Cover of Duress, Undue Influence and Unconscionable Dealings 3rd ed with 1st Supplement
Duress, Undue Influence and Unconscionable Dealings 3rd ed with 1st Supplement
Nelson Enonchong
ISBN 9780414084049
Published January 2021
Sweet & Maxwell Ltd
Out of print
Duress, Undue Influence and Unconscionable Dealings 3rd ed: 1st Supplement
Nelson Enonchong
ISBN 9780414082090
Published January 2021
Sweet & Maxwell Ltd
Out of print
Cover of Illegality and Public Policy
Illegality and Public Policy 5th ed
Richard A. Buckley
ISBN 9780414078482
Published September 2020
Sweet & Maxwell Ltd
Out of print
Cover of Illegality and Public Policy (Book & eBook Pack)
Illegality and Public Policy 5th ed (Book & eBook Pack)
Richard A. Buckley
ISBN 9780414081413
Published September 2020
Sweet & Maxwell Ltd
Out of print
Cover of Illegality and Public Policy (eBook)
Illegality and Public Policy 5th ed (eBook)
Richard A. Buckley
ISBN 9780414081420
Published September 2020
Sweet & Maxwell Ltd
Out of print
Cover of Contractual Duties: Performance, Breach, Termination and Remedies
Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed
Neil Andrews, Andrew Tettenborn, Graham Virgo
ISBN 9780414078574
Published July 2020
Sweet & Maxwell Ltd
Out of print
Cover of Contractual Duties: Performance, Breach, Termination and Remedies (eBook)
Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed (eBook)
Neil Andrews, Andrew Tettenborn, Graham Virgo
ISBN 9780414078598
Published July 2020
Sweet & Maxwell Ltd
Out of print
Cover of Contractual Duties: Performance, Breach, Termination and Remedies (Book & eBook Pack)
Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed (Book & eBook Pack)
Neil Andrews, Andrew Tettenborn, Graham Virgo
ISBN 9780414078581
Published July 2020
Sweet & Maxwell Ltd
Out of print
Cover of Misrepresentation, Mistake and Non-Disclosure (Book & eBook Pack)
Misrepresentation, Mistake and Non-Disclosure 5th ed (Book & eBook Pack)
John Cartwright
ISBN 9780414075948
Published November 2019
Sweet & Maxwell Ltd
Out of print
Cover of Misrepresentation, Mistake and Non-Disclosure (eBook)
Misrepresentation, Mistake and Non-Disclosure 5th ed (eBook)
John Cartwright
ISBN 9780414075955
Published November 2019
Sweet & Maxwell Ltd
Out of print
Cover of Duress, Undue Influence and Unconscionable Dealings
Duress, Undue Influence and Unconscionable Dealings 3rd ed
Nelson Enonchong
ISBN 9780414065802
Published December 2018
Sweet & Maxwell Ltd
Out of print
Cover of Contractual Duties: Performance, Breach, Termination and Remedies
Contractual Duties: Performance, Breach, Termination and Remedies 2nd ed
Neil Andrews, Malcolm Clarke, Andrew Tettenborn, Graham Virgo
ISBN 9780414057593
Published March 2017
Sweet & Maxwell Ltd
Out of print
Cover of Misrepresentation, Mistake and Non-Disclosure
Misrepresentation, Mistake and Non-Disclosure 4th ed
John Cartwright
ISBN 9780414057036
Published December 2016
Sweet & Maxwell Ltd
Out of print
Cover of Damages for Breach of Contract
Damages for Breach of Contract
Richard Lawson
ISBN 9780414055469
Published November 2016
Sweet & Maxwell Ltd
Out of print
Cover of Estoppel by Conduct and Election
Estoppel by Conduct and Election 2nd ed
The Honourable K. R. Handley
ISBN 9780414028449
Published February 2016
Sweet & Maxwell Ltd
Out of print
Cover of Rectification: The Modern Law and Practice Governing Claims for Rectification for Mistake (eBook)
Rectification: The Modern Law and Practice Governing Claims for Rectification for Mistake 2nd ed (eBook)
David Hodge
ISBN 9780414087354
Published December 2015
Sweet & Maxwell Ltd
£269.00
(ProView)
Buy
Cover of Rectification: The Modern Law and Practice Governing Claims for Rectification for Mistake
Rectification: The Modern Law and Practice Governing Claims for Rectification for Mistake 2nd ed
David Hodge
ISBN 9780414034303
Published December 2015
Sweet & Maxwell Ltd
£269.00
Cover of Duress, Undue Influence and Unconscionable Dealings
Duress, Undue Influence and Unconscionable Dealings 2nd ed
Nelson Enonchong
ISBN 9781847038036
Published December 2012
Sweet & Maxwell Ltd
Out of print
Cover of The Interpretation of Contracts 4th ed with 1st Supplement
The Interpretation of Contracts 4th ed with 1st Supplement
Kim Lewison
ISBN 9780414041295
Published December 2009
Sweet & Maxwell Ltd
Out of print
Cover of The Interpretation of Contracts 4th ed
The Interpretation of Contracts 4th ed
Kim Lewison
ISBN 9781847033550
Published December 2007
Sweet & Maxwell Ltd
Out of print
Cover of Estoppel by Conduct and Election
Estoppel by Conduct and Election
Mr Justice K. R. Handley
ISBN 9780421912106
Published August 2006
Sweet & Maxwell Ltd
Out of print
Misrepresentation, Mistake and Non-Disclosure 5th ed: 1st Supplement
John Cartwright
ISBN CARTsupp

Sweet & Maxwell Ltd
Publication Abandoned