Misrepresentation, Mistake and Non-Disclosure

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.

Key features:

• 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.

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 misrepresentation

5. 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.