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.
The main features of the 7th edition are:
- 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.
The 7th edition takes account of all major developments in case law and legislation, including decisions of:
- The Supreme Court:
- Lifestyle Equities CV v Ahmed (2024): Accessory liability.
- Cannell v George (2024): Aggravated damages.
- Armstead v Royal & Sun Alliance Insurance Co Ltd (2024): Negligence, remoteness of damage, and burden of proof.
- Philipp v Barclays Bank UK Plc (2023): Bank’s duty to client.
- Potter v Canada Square Operations Ltd (2023): Postponement of limitation period.
- National Union of Rail, Maritime and Transport Workers v Tyne and Wear Passenger Transport Executive (2024): Rectification.
The Privy Council:
- Royal Bank of Scotland International Ltd v JP SPC 4 (2022): Duty of care test and scope of bank's duty to third parties.
- Primeo Fund v Bank of Bermuda (Cayman) Ltd (2023): Contributory negligence as a defense.
- Porter v Stokes (2023): Rectification.
The Court of Appeal:
- URS Corp Ltd v BDW Trading Ltd (2023): Duty of building designer and contribution claim under the Civil Liability (Contribution) Act 1978.
- Seedo v El Gamal (2023): Deceit and postponement of limitation period.
- Burnford v Automobile Association Developments Ltd (2022): Deceit and reflective loss.
- ED&F Man Capital Markets Ltd v Come Harvest Holdings Ltd (2022): Deceit and damages.
- McClean v Thornhill (2023): Barrister’s duty of care.
- Ashraf v Lester Dominic Solicitors (2023): Solicitor’s duty to third party.
- Barclay-Watt v Alpha Panareti Public Ltd (2022): Directors’ personal accessory liability in negligence.
- Spire Property Development LLP v Withers LLP (2022): Solicitor’s duty in tort of negligence.
- Miller v Irwin Mitchell LLP (2024): Solicitor’s liability for gratuitous advice.
- MDW Holdings Ltd v Norvill (2022): Damages for breach of contract.
- Parker-Grennan v Camelot UK Lotteries Ltd (2024): Incorporation of exclusion clauses.
- Last Bus Ltd v Dawsongroup Bus and Coach Ltd (2023): Reasonableness test under Unfair Contract Terms Act 1977.
The High Court:
- Jaffé v GreyBull Capital LLP (2024): Proof of misrepresentation.
- Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) Ltd (2023): Misrepresentation and reliance.
- ONS Ultimate Holding Ltd v Nair (2022): Implied misrepresentation.
- Goyal v BGF Investment Management Ltd (2023): Continuing representation of intention.
- Co Mayo Estates Ltd v Hidden Gem Ltd (2024): Meaning of statement.
- ACL Netherlands BV v Lynch (2022): Reliance and Financial Services and Markets Act 2000.
- Allianz Funds Multi-Strategy Trust v Barclays Plc (2024): Misrepresentation and reliance.
- Krishna Holdco Ltd v Gowrie Holdings Ltd (2023): Affirmation and illegality defence.
- Bell v Singh (2022): Deceit.
- Njord Partners SMA-Seal LP v Astir Maritime Ltd (2024): Deceit.
- McDonald's Restaurants Ltd v Shirayama Shokusan Co Ltd (2024): Deceit.
- Lonsdale v Wedlake Bell LLP (2024): solicitor’s duty of care to third parties
The 7th edition also notes the impact of retained EU law into domestic English law under the Retained EU Law (Revocation and Reform) Act 2023. Additionally, it highlights UK legislation replacing EU law provisions, including:
- Financial Services and Markets Act 2023, which will repeal assimilated EU law relating to financial services and replace the EU regime for prospectus liability with new secondary legislation
- Digital Markets, Competition and Consumers Act 2024, which will replace the Consumer Protection from Unfair Trading Regulations 2008 with new secondary legislation and introduce new requirements for consumer subscription contracts, including pre-contract information duties.
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