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ISBN-9780414121287-proview-ebook

eBook

Misrepresentation, Mistake and Non-Disclosure, 7th Edition

Author :

Professor John Cartwright

Publication Date:

2025-04-23

Quantity

HKD 3,900.00

The ProView registration key will be sent via email within the next 48 hours.

ISBN:

9780414121287

jurisdiction:

UK

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.


MAIN 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.

NEW TO THIS EDITION

Takes account of all major developments in case law and legislation, including decisions of:

The Supreme Court:
  • • Lifestyle Equities CV v Ahmed (2024): Accessory liability.
  • • Cannell v George (2024): Aggravated damages.
  • • Armstead v Royal & Sun Alliance Insurance Co Ltd (2024): Negligence, remoteness of damage, and burden of proof.
  • • Philipp v Barclays Bank UK Plc (2023): Bank’s duty to client.
  • • Potter v Canada Square Operations Ltd (2023): Postponement of limitation period.
  • • National Union of Rail, Maritime and Transport Workers v Tyne and Wear Passenger Transport Executive (2024): Rectification.

The Privy Council:
  • • Royal Bank of Scotland International Ltd v JP SPC 4 (2022): Duty of care test and scope of bank's duty to third parties.
  • • Primeo Fund v Bank of Bermuda (Cayman) Ltd (2023): Contributory negligence as a defense.
  • • Porter v Stokes (2023): Rectification.

The Court of Appeal:
  • • URS Corp Ltd v BDW Trading Ltd (2023): Duty of building designer and contribution claim under the Civil Liability (Contribution) Act 1978.
  • • Seedo v El Gamal (2023): Deceit and postponement of limitation period.
  • • Burnford v Automobile Association Developments Ltd (2022): Deceit and reflective loss.
  • • ED&F Man Capital Markets Ltd v Come Harvest Holdings Ltd (2022): Deceit and damages.
  • • McClean v Thornhill (2023): Barrister’s duty of care.
  • • Ashraf v Lester Dominic Solicitors (2023): Solicitor’s duty to third party.
  • • Barclay-Watt v Alpha Panareti Public Ltd (2022): Directors’ personal accessory liability in negligence.
  • • Spire Property Development LLP v Withers LLP (2022): Solicitor’s duty in tort of negligence.
  • • Miller v Irwin Mitchell LLP (2024): Solicitor’s liability for gratuitous advice.
  • • MDW Holdings Ltd v Norvill (2022): Damages for breach of contract.
  • • Parker-Grennan v Camelot UK Lotteries Ltd (2024): Incorporation of exclusion clauses.
  • • Last Bus Ltd v Dawsongroup Bus and Coach Ltd (2023): Reasonableness test under Unfair Contract Terms Act 1977.

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