Misrepresentation, Mistake and Non-Disclosure - 9780421877207

Product Description

This high-level, practitioner text examines in detail these three allied areas of contract law, explaining the circumstances in which they can arise, the available remedies and their inter-relationship.
In one volume it draws together the complex mixture of rules of common law and statute that comprise the law in this area and is written in such a way that practitioners can immediately find a discussion of the particular problem they face.
* Steers practitioners through the complex range of remedies that might be available for misrepresentation
* Explains the links between claims based on mistake and claims for misrepresentation.
* Examines recent case law in detail, in particular Shogun Finance Ltd v Hudson (on mistake of identity) and The Great Peace (on mistake)
* Considers recent legislative developments such the Prospectus Regulations 2005 and duties of disclosure arising from Home Information Packs
* Draws comparisons with other jurisdictions and looks at the directions in which English law might develop

Contents

Misrepresentation

Introduction: The claim for misrepresentation
Elements common to a claim for misrepresentation
Rescission of the contract for misrepresentation
Liability in tort for misrepresentation: I: fraudulent misrepresentation
Liability in tort for misrepresentation: II: negligent misrepresentation
Statutory liability for misrepresentation
Misrepresentation as breach of contract
Exclusion and limitation of liability for misrepresentation
Misrepresentation as a defence

Mistake

Introduction: categorising mistakes
Mistakes about the terms of the contract
Mistakes about the identity of the other party
Mistakes about the subject-matter of the contract

Non-disclosure

Introduction: no general duty of disclosure
Particular duties of disclosure

Reviews

"Cartwright is to be congratulated on producing a book that navigates as clear a path as it does through the various possible effects of a misrepresentation. In a practitioner work what matters is accuracy, comprehensiveness and ease of use. Cartwright cannot be faulted on any of these fronts. The book will quite properly be a primary point of reference for some time to come." - Restitution Law Review