Misrepresentation, Mistake and Non-Disclosure, 5th Edition


Author: John Cartwright
ISBN13: 9789391340223
Published: November 2019
Country of Publication: UK
Format: Hardback, Indian Reprint
Category: Product ID: 11150


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.
1. General introduction;
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;
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;
16. Introduction to non-disclosure – no general duty of disclosure;
17. Particular duties of disclosure.


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