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. 

The new edition takes into account all the major developments in case law in these areas.

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