This high-level, practitioner text examines in detail these three allied areas of contract law, explaining the circumstances in which they can arise, the available remedies and their inter-relationship.
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.
* Steers practitioners through the complex range of remedies that might be available for misrepresentation
* Explains the links between claims based on mistake and claims for misrepresentation.
* Examines recent case law in detail, in particular Shogun Finance Ltd v Hudson (on mistake of identity) and The Great Peace (on mistake)
* Considers recent legislative developments such the Prospectus Regulations 2005 and duties of disclosure arising from Home Information Packs
* Draws comparisons with other jurisdictions and looks at the directions in which English law might develop
Auflage
Sprache
Verlagsort
Verlagsgruppe
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
ISBN-13
978-0-421-87720-7 (9780421877207)
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Schweitzer Klassifikation
Misrepresentation: Introduction: the claim for misrepresentation. Elements common to a claim for misrepresentation. Rescission of the contract for misrepresentation. Liability in tort for misrepresentation I: fraudulent misrepresentation. Liability in tort for misrepresentation II: 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. Mistake: Introduction: 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. Non-Disclosure. Introduction: no general duty of disclosure. Particular duties of disclosure.