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