Misrepresentation, Mistake and Non-Disclosure, 6th Edition

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Misrepresentation, Mistake and Non-Disclosure, 6th Edition

Author
Professor John Cartwright
Publication Date
22 Aug 2022
ISBN
9780414089235
Format
Hardcover 
Publisher
Sweet & Maxwell


The theories of deception, error, and nondisclosure as they relate to the legality of contracts are explained in length in this book. It examines the effects of each, paying close attention to the various solutions for each party.

MAIN FEATURES

  • gives thorough instructions on how to handle concerns involving misrepresentation, error, and non-disclosure, whether at the contract's writing stage or when settling disagreements over it.
  • Focuses on the specific flaws in the contract's formulation caused by misrepresentation, error, and non-disclosure in separate areas, and provides workable fixes.
  • explains the typical components needed to prove misrepresentation, such as the factual statement, the representor's frame of mind, reliance, and causation, as well as liability exclusion and limitation as well as practise and procedure.
  • explains the possible remedies for misrepresentation and the conditions for each one, including contract cancellation, tort liability (for dishonesty and negligence), statutory liability, and contract breach.
  • discusses the various errors that might compromise a contract's legality as well as the relevant remedies.
  • explains the (rare) situations in which a party has a duty of disclosure during contract negotiations and the sanctions for breaking that duty.
NEW TO THIS EDITION
considers all significant case-law developments in various fields, such as judgments in:
  • The Supreme Court in Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd (2019: defence of illegality and attribution of director’s fraud to company); Test Claimants in the FII Group Litigation v Revenue and Customs Commissioners (2020: mistake of law and limitation); Grondona v Stoffel & Co (2020: defence of illegality); Marex Financial Ltd v Sevilleja (2020: “reflective loss”); Manchester Building Society v Grant Thornton UK LLP and Meadows v Khan (2021: negligence, including scope of duty of care); Triple Point Technology Inc v PTT Public Co Ltd (2021: exclusion clauses); 
  • The Court of Appeal in Glossop Cartons and Print Ltd v Contact (Print and Packaging) Ltd (2021: measure of damages in deceit); IGE USA Investments Ltd v Revenue and Customs Commissioners (2021: rescission for misrepresentation and application of the Limitation Act 1980 by analogy to bar rescission); Manek v IIFL Wealth (UK) Ltd (2021: deceit); Tuke v Hood (2022: deceit); SK Shipping Europe plc v Capital VLCC 3 Corp (2022: implied representation and rescission); and
  • The High Court in Vald Nielsen Holding A/S v Baldorino (2019: deceit); SK Shipping Europe Plc v Capital VLCC 3 Corp (2020: affirmation; Misrepresentation Act 1967 s.2(2)); Elston v King (2020: mistake); Leeds City Council v Barclays Bank plc (2021: misrepresentation and reliance; affirmation as a bar to rescission); Wiggin Osborne Fullerlove v Bond (2021: implied representations); Skatteforvaltningen (the Danish Customs and Tax Administration) v Solo Capital Partners LLP (2021: costs in action based on fraud); PCP Capital Partners LLP v Barclays Bank (2021: costs in action based on fraud); McFarland-Cruickshanks v England Kerr Hands Solicitors Ltd (2021) and McClean v Thornhill (2022: scope of barrister’s duty of care); Pisante v Logothetis (2022; deceit); and Abu Dhabi Commercial Bank PJSC v Shetty (2022: operation of Statute of Frauds Amendment Act 1828).

TABLE OF CONTENTS Of Misrepresentation, Mistake and Non-Disclosure, 6th Edition

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.



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