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.
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.
Table Of 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 misrepresentation5. 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.