MISREPRESENTATION MISTAKE AND NON-DISCLOSURE 5TH EDITION
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- Author: JOHN CARTWRIGHT
- ISBN: 9780414071186
- Availability: In Stock
Buy MISREPRESENTATION MISTAKE AND NON-DISCLOSURE 5TH EDITION | Law Books , FOREIGN BOOKS
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.