Misrepresentation, Mistake and Non-Disclosure, 6th Edition (South Asian Edition)

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Misrepresentation, Mistake and Non-Disclosure, 6th Edition (South Asian Edition)

Author John Cartwright
Publication Date 2024
ISBN 9788196675844
Format
Hard Cover 
Publisher Sweet & Maxwell

This title provides a comprehensive explanation of the doctrines of misrepresentation, mistake, and non-disclosure, detailing their impact on the validity of contracts. It thoroughly analyzes the consequences of each and focuses on the remedies available to affected parties.

Key Features of Misrepresentation, Mistake and Non-Disclosure, 6th Edition:

-Offers detailed guidance on addressing issues of misrepresentation, mistake, and non-disclosure, both during contract drafting and in resolving related disputes.
- In distinct sections, examines the nature of contract formation defects due to misrepresentation, mistake, and non-disclosure, and suggests practical solutions.
- Covers the essential elements for a misrepresentation claim, including statements of fact, the representor’s mindset, reliance and causation, exclusion and limitation of liability, and procedural aspects.
- Details the remedies for misrepresentation, including contract rescission, tort liability (deceit and negligence), statutory liability, and breach of contract.
- Discusses various types of mistakes that can invalidate a contract and the associated remedies.
- Explains the exceptional circumstances requiring disclosure during contract negotiations and the remedies for breach of this duty.
- The new edition incorporates all significant recent case law developments in these areas.

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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ISBN: 9788196675844
 
 

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