|Book||Misrepresentation Mistake & Non Disclosure 3rd Edition||24/02/2012||9780414049550||$526.00|
This in-depth, practitioner text offers comprehensive guidance on the effect of misrepresentation, mistake or nondisclosure on contracts. It explores the circumstances in which each can arise, examines the available remedies, and explains how to advise clients when bringing or defending a claim based on these principles.
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.
- Explains the principles of misrepresentation, mistake and non-disclosure so they can be avoided in contract drafting
- Gives guidance on practice and procedure for conducting a case involving these areas
- Discusses the advantages and disadvantages of the various remedies
- Covers both fraudulent and negligent misrepresentation
- Looks at mistake in the terms of the contract, in the identity of the other party and in the subject-matter of the contract
- Considers the problems arising from nondisclosure
- Explores recent case law in depth, including the House of Lords decision in Chartbrook Ltd v Persimmon Homes Ltd, the Court of Appeal decision in Conlon v Simms, and the continuing debate about the Great Peace case on mistake
- Analyses recent legislative developments such as the Consumer Credit (EU Directive) Regulations 2010 and Consumer Credit (Disclosure of Information) Regulations 2010
- Draws comparisons with other jurisdictions and looks at the directions in which English law might develop.
Introduction. Misrepresentation. Mistake. Non-disclosure.
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