Misrepresentation Mistake and Non-Disclosure

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Description
This fifth edition is designed to bring the book up to date. In the fourth edition, the principal cause of changes to the text was primary and secondary legislation, especially in the field of consumer protection. That flurry of legislative activity has subsided, at least on the surface, although behind the scenes a new raft of secondary legislation is waiting, ready to come into force if the UK leaves the EU under the terms of the European Union (Withdrawal) Act 2018. At the time of preparing this edition it is still not yet certain whether (or when, or on what terms) the UK will withdraw from the EU, and therefore the text does not yet take withdrawal into account beyond noting those areas of the law that are based on EU Directives or Regulations. Indeed, the new text incorporates two recent developments in English law which give effect to developments in EU law, the Package Travel Directive (2015) and the Prospectus Regulation (2017)—the latter coming into force only in late July 2019, just as this book was finalized. The work of the EU in areas relevant to this book continues: a new Directive on certain aspects concerning contracts for the sale of goods was adopted by the European Parliament and the Council on 20 May 2019, but it will apply only to contracts concluded on or after 1 January 2022 (the date for transposition by Member States). The main changes to the text in this edition are therefore to reflect the steady flow of case law, at all levels. Amongst the many new cases included in this edition, the Supreme Court has given us decisions on contractual interpretation, and on a number of areas of the law of tort which impact on liability for misrepresentation: the scope of the SAAMCO principle, the test for the existence of a duty of care in negligence, loss of chance, and accessory liability. The Court of Appeal has decided questions on the test for inducement/causation, contractual estoppel, the interpretation and effectiveness of clauses excluding liability for misrepresentation, the duty of care in negligence for statements, the (subjective) test for rectification, remedies in contract and in tort (including the award of exemplary damages for deceit), and liability for another's deceit; and has applied earlier decisions of the Supreme Court on the operation of the defense of illegality, and the SAAMCO principle. There have been decisions at first instance on common mistake, the duty of care in negligence, remedies in contract and in tort, accessory liability for deceit, and various matters of procedure.
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Table of Contents
1. General introduction
PART 1: MISREPRESENTATION
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 contrac
9. Exclusion and limitation of liability for misrepresentation
10. Misrepresentation as a defence
11. Practice and procedure relating to claims for misrepresentation
PART 2: MISTAKE
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
PART 3 NON-DISCLOSURE
16. Introduction to non-disclosure – no general duty of disclosure
17. Particular duties of disclosure
Index
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Author Details
John Cartwright, was an English naval officer, Nottinghamshire militia major and prominent campaigner for parliamentary reform. He subsequently became known as the Father of Reform. His younger brother Edmund Cartwright became famous as the inventor of the power loom.