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Misrepresentation, Mistake and Non-Disclosure (Hardcover, 6th edition)
Loot Price: R13,199
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Misrepresentation, Mistake and Non-Disclosure (Hardcover, 6th edition)
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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. MAIN
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. NEW TO THIS EDITION Takes into account all the major
developments in case law in these areas, including decisions of:
The Supreme Court in Singularis Holdings Ltd v Daiwa Capital
Markets Europe Ltd (2019: defence of illegality and attribution of
director's fraud to company); Test Claimants in the FII Group
Litigation v Revenue and Customs Commissioners (2020: mistake of
law and limitation); Grondona v Stoffel & Co (2020: defence of
illegality); Marex Financial Ltd v Sevilleja (2020: "reflective
loss"); Manchester Building Society v Grant Thornton UK LLP and
Meadows v Khan (2021: negligence, including scope of duty of care);
Triple Point Technology Inc v PTT Public Co Ltd (2021: exclusion
clauses); The Court of Appeal in Glossop Cartons and Print Ltd v
Contact (Print and Packaging) Ltd (2021: measure of damages in
deceit); IGE USA Investments Ltd v Revenue and Customs
Commissioners (2021: rescission for misrepresentation and
application of the Limitation Act 1980 by analogy to bar
rescission); Manek v IIFL Wealth (UK) Ltd (2021: deceit); Tuke v
Hood (2022: deceit); SK Shipping Europe plc v Capital VLCC 3 Corp
(2022: implied representation and rescission); and The High Court
in Vald Nielsen Holding A/S v Baldorino (2019: deceit); SK Shipping
Europe Plc v Capital VLCC 3 Corp (2020: affirmation;
Misrepresentation Act 1967 s.2(2)); Elston v King (2020: mistake);
Leeds City Council v Barclays Bank plc (2021: misrepresentation and
reliance; affirmation as a bar to rescission); Wiggin Osborne
Fullerlove v Bond (2021: implied representations);
Skatteforvaltningen (the Danish Customs and Tax Administration) v
Solo Capital Partners LLP (2021: costs in action based on fraud);
PCP Capital Partners LLP v Barclays Bank (2021: costs in action
based on fraud); McFarland-Cruickshanks v England Kerr Hands
Solicitors Ltd (2021) and McClean v Thornhill (2022: scope of
barrister's duty of care); Pisante v Logothetis (2022; deceit); and
Abu Dhabi Commercial Bank PJSC v Shetty (2022: operation of Statute
of Frauds Amendment Act 1828).
General
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