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:- Incorporates significant legislative changes to the law of misrepresentation and non-disclosure, including the new remedies for consumers arising from the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Consumer Protection (Amendment) Regulations 2014 and the Consumer Rights Act 2015; and the reform of the insured’s duty of disclosure by the Consumer Insurance (Disclosure and Representations) Act 2012 and the Insurance Act 2015.
Takes into account all the major developments in case law in these areas, including the decisions of the Supreme Court
- Pitt v Holt (2013)
- Cramaso LLP v Ogilvie-Grant (2014)
- AIB Group (UK) Plc v Mark Redler & Co. Solicitors (2014)
- Hayward v Zurich Insurance Co. Plc (2016)
- Patel v Mirza (2016)
- The Court of Appeal
- Salt v Stratstone Specialist Ltd (2015)
- The High Court
- Sycamore Bidco Ltd v Breslin (2012)
- Yam Seng Pte Ltd v International Trade Corp. Ltd (2013)
- National Crime Agency v Robb (2014).
