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Misrepresentation, Mistake and Non-Disclosure, 3rd Edition
ISBN/ISSN/Product Number: L17460-E3
Product Type: Book
Binding: hardcover
Publication Date: 2012-02-27
Publisher: Sweet & Maxwell (U.K.)
£235.00 GBP*


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Misrepresentation, Mistake and Non-Disclosure:
  • Fully explains the role of misrepresentation in contract law
  • Further expands on the role of mistake and non-disclosure in a contractual dispute
  • Provides a clear explanation into the definitions and differences between misrepresentation, mistake and non-disclosure
  • Structured around remedies available for misrepresentation, mistake and non-disclosure to give practical focus for practitioners
  • Fully updated in relation to both case law and statutory developments, including discussions of areas where points are still unclear or may be further reviewed by the courts or subject to statutory reform

The new 3rd Edition:
  • Includes the Consumer Credit (EU Directive) Regulations 2010 and Consumer Credit (Disclosure of Information) Regulations 2010 which extend duties to provide information in consumer credit contracts
  • Offers expert commentary on the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010 which extend the scope of information duties in holiday contracts
  • Includes the Business Protection from Misleading Marketing Regulations 2008 and the Consumer Protection from Unfair Trading Regulations 2008
  • Includes the amendment of statutory liability for mispresentation in the Financial Services and Markets Act 2000 by the Companies Act 2006 and the Financial Services and Markets Act 2000 (Liability of Issuers) Regulations 2010
  • Provides expert insight into the Law Commission's review of insurance law, including the Consumer Insurance (Disclosure and Representations) Bill 2011 on the basis that it is likely to be enacted shortly after publication of the book and will reform radically the remedies for misrepresentation and non-disclosure in consumer insurance contracts

And updated case law on:
  • The Court of Appeal's decision in Conlon v Simms (2008) 1 WLR 484 on the duties of disclosure in forming a partnership and on liability in tort for breach of a duty of disclosure
  • The acceptance and development in a number of cases, at first instance and in the Court of Appeal, of the approach suggested in Peekay Intermark Ltd v Australia and New Zealand Banking Group Ltd (2006) to 'non-reliance' clauses and 'no representation' clauses and cases generally considering the problem of excluding liability for misrepresentation
  • The House of Lords' decision in Chartbrook Ltd v Persimmon Homes Ltd (2009) 1 AC 1101 on interpretation and rectification for mistake
  • Continuing debate (both in the English courts and elsewhere in the Commonwealth) about the Great Peace case on mistake and on the scope of mistake in general; and its application in relation to unilateral mistake in Statoil ASA v Louis Drefus Energy Services LP (2008) 2 Lloyd's Rep 685
  • A number of cases exploring the scope of damages recoverable in the tort of deceit, such as 4 Eng Ltd v Harper [2009] Ch 91 and Parabola Investments Ltd v Browallia Cal Ltd [2011] QB 477 on recovery of loss of profits and loss of chance

General Introduction

Part I: Misrepresentation
Chapter 2: Introduction: The claim for misrepresentation
Chapter 3: Elements common to a claim for misrepresentation
Chapter 4: Rescission of the contract for misrepresentation
Chapter 5: Liability in tort for misrepresentation: I - Fraudulent misrepresentation
Chapter 6: Liability in tort for misrepresentation: II - Negligent misrepresentation
Chapter 7: Statutory liability for misrepresentation
Chapter 8: Misrepresentation as breach of contract
Chapter 9: Exclusion and limitation of liability for misrepresentation
Chapter 10: Misrepresentation as a defence
Chapter 11: Practice and procedure relating to claims for misrepresentation

Part II: Mistake
Chapter 12: Introduction: Categorising mistakes
Chapter 13: Mistakes about the terms of the contract
Chapter 14: Mistakes about the identity of the other party
Chapter 15: Mistakes about the subject-matter of the contract

Part III: Non-Disclosure
Chapter 16: Introduction – No general duty of dislosure
Chapter 17: Particular duties of disclosure
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