Misrepresentation, Mistake and Non-Disclosure 4e

Misrepresentation, Mistake and Non-Disclosure 4e

By John Cartwright


$591.00 RRP

Date: 02/12/2016

Code: 9780414057036

Sweet & Maxwell, UNITED KINGDOM

Available Formats

Format Title Date Code Price
Book Misrepresentation, Mistake and Non-Disclosure 4e 02/12/2016 9780414057036 $591.00 Add to cart


This book explains the doctrines of misrepresentation, mistake and non-disclosure as they affect the drafting and interpretation of contracts. It then analyses the consequences of each, as well as the remedies available to parties in each case.

Main Features:

  • The book gives practitioners all the insight they need in order to tackle misrepresentation, mistake and non-disclosure, whether drafting and interpreting contracts, or resolving disputes over contracts made void by these issues.
  • The book’s three distinct sections deal with each of these issues in turn (Part I – Misrepresentation, Part II – Mistake, Part III – Non-disclosure).
  • Each focuses on defects in the formation of the contract, and the practical solutions that may be employed.
  • Details the remedies available in cases of misrepresentation
  • Covers the common elements required for a claim of misrepresentation, including the statement of fact, the representor’s state of mind, reliance and causation.
  • Covers rescission of the contract for misrepresentation, including remedies, elements of the claim, limits to the claim, and the effect of third parties.
  • Explains liability in tort for misrepresentation - firstly the tort of deceit, secondly the tort of negligence - their relevant defences, damages recoverable and fraud.
  • Covers statutory liability under the Misrpresentation Act 1967, as well as the Financial Services and Markets Act 2000 and the Package Travel, Package Holidays and Package Tours Regulations 1992, and other relevant statutes.
  • Analyses the elements of the claim, defences and remedies available when misrepresentation breaches a contract.
  • Establishes the exclusions and limitations of liability of a claim of misrepresentation, in common law and in statute.
  • Explains how misrepresentation can operate as a defence (as distinguished from a counterclaim based on misrepresentation).
  • Sets out the practice and procedure needed when bringing a claim for misrepresentation, including the civil procedure rules.
  • Covers what a ‘mistake’ is, the various categories, and the remedies available.
  • Analyses the various instances of mistake around the terms of the contract, with practical examples of the ‘objective test’ that applies in contract formation.
  • Looks at mistakes made about the identity of the other party, including the impact of the key decision in Shogun Finance v Hudson
  • Explains both unilateral and common mistakes about the subject-matter of the contract.
  • Sets out and explains the background to the general rule that there is no general pre-contractual duty to disclose, and reluctance of the courts to impose duties of disclosure on parties to a contract.
  • The book then explains those particular duties of disclosure which have been recognised, as well as the statutory remedies available in these instances.
  • Analysis includes the case law that clarifies the effectiveness of key principles like ‘no representation’ and ‘non-reliance’ clauses and the meaning of ‘common intention’.

New to this Edition

  • Significant regulatory changes regarding consumer contracts have impacted several sections of the book.
  • The book also looks at the 200+ cases in this area since the last edition was written in 2011, including Kelly v Fraser and Welwyn Hatfield BC v Communication & Local Government Secretary.

Table of Contents

General introduction
Introduction to misrepresentation – the claim for misrepresentation
Elements common to a claim for misrepresentation
Rescission of the contract for misrepresentation
Liability in tort for misrepresentation - fraudulent misrepresentation
Liability in tort for misrepresentation – negligent misrepresentation
Statutory liability for misrepresentation
Misrepresentation as breach of contract
Exclusion and limitation of liability for misrepresentation
Misrepresentation as a defence
Practice and procedure relating to claims for misrepresentation
Introduction to mistake – 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
Introduction to non-disclosure – no general duty of disclosure
Particular duties of disclosure

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