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Spencer Bower & Handley: Actionable Misrepresentation Fifth edition

Publisher: LNUK

Spencer Bower & Handley: Actionable Misrepresentation Fifth edition is the most authoritative and comprehensive book available on the topic of actionable misrepresentation.

Published: 27 March, 2014

Product Format Details Qty
Print
£505.00
In Stock ISBN: 9781405782845

Why should you buy Spencer Bower & Handley: Actionable Misrepresentation Fifth edition


In English law, an actionable misrepresentation is a false statement of fact made during pre-contractual negations by one party which induces the other party to enter into a contract.

First published in 1911, Spencer Bower & Handley is the most authoritative and comprehensive book available on the topic of actionable misrepresentation. It covers fraudulent, innocent and negligent misrepresentations and misrepresentations made actionable by statute and sets out in full the law and practice of bringing an action for misrepresentation. It also deals with the remedies and defences available, providing substantial coverage of key decisions and legislative activity in both the UK and Commonwealth jurisdictions. It also includes in-depth treatment of the Hedley Byrne principles and recent cases.

The 5th edition will incorporate developments in England and Wales and in Commonwealth jurisdictions. Relevant decisions in the Supreme Court include:

  • Dallah Real Estate & Tourism Holding Co v Ministry of Religious Affairs of the Government of Pakistan
  • R (Coke-Wallis) v Institute of Chartered Accountants
  • Virgin Atlantic Airways Ltd v Zodiak Seats UK Ltd
  • R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (no 4)
  • Takhar v Gracefield Developments Ltd

In the Court of Appeal:

  • Michael Wilson & Partners Ltd v Sinclair

The latest edition will also cover decisions of the Privy Council, the High Court and decisions of the High Court of Australia.

1. Introduction

2. Representation

3. How a representation may be made

4. Misrepresentation

5. Fraudulent and innocent misrepresentation

6. Inducement and materiality

7. Alteration of position and damage

8. Parties to a representation (1) the representor

9. Parties to a representation(2) the representee

10. When misrepresentation is actionable

11. The action for damages for fraudulent misrepresentation

12. Damages for fraud

13. The action for damages for innocent misrepresentation

14. Rescission

15. Rescission for innocent misrepresentation

16. Action to enforce rescission

17. Rescission- affirmative defences

18. Misrepresentation as defence

19. Statutory provisions as to misrepresentation

20. Misrepresentations available to third parties

21. Pleading and Practice

22. Negligent misrepresentation

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