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.
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ISBN-13
978-0-414-05703-6 (9780414057036)
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Schweitzer Klassifikation
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;