Misrepresentation, mistake and non-disclosure
著者
書誌事項
Misrepresentation, mistake and non-disclosure
(The contract law library)
Sweet and Maxwell, 2007
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注記
"This book is the second edition of 'Misrepresentation'." -- p. [v]
"First edition 2002" -- T.p. verso
Includes index
内容説明・目次
内容説明
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
目次
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.
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