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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Spencer Bower & Handley on Actionable Misrepresentation 5th ed isbn 9781405782845

Spencer Bower, Turner and Handley on Actionable Misrepresentation 4th ed


ISBN13: 9780406900050
ISBN: 0406900051
New Edition ISBN: 9781405782845
Previous Edition ISBN: 0406381909
Published: June 2000
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Hardback
Price: Out of print



Any false representation made by one person to another, with the object and result of inducing him to enter into a contract or transaction with the representor, or otherwise to alter his position to his prejudice, may be the subject of a claim for damages at the instance of the latter person.

The new edition of this legal classic takes into account the considerable judicial and legislative activity both in the UK and overseas, since the last edition was published in 1974, and provides thorough analysis of this area as well as supplying conclusive material to back claims.

This new edition:-

  • Covers fraudulent, innocent and negligent misrepresentations and misrepresentations made actionable by statute
  • Sets out in full the law and practice of bringing an action for misrepresentation
  • Also deals with the remedies and defences available
  • Provides substantial coverage of key decisions and legislative activity in both the UK and Commonwealth jurisdictions
  • In-depth treatment of the Hedley Byrne principles and recent cases including Smith New Court Securities

Subjects:
Contract Law
Contents:
What constitutes implied and expressed misrepresentation
Determining falsity and the canons of construction used
Establishing the intention and belief of the representor
Providing inducement and materiality
Classes of transaction which constitutes alteration of position
Parties to a representation whether an individual, principal or agent
Bringing an action for fraudulent misrepresentation
Principles governing the assessment of damages in deceit
Bringing an action for damages for innocent misrepresentation under the 1967 Act
Other statutory provisions which create causes of action or defences in respect of misrepresentation
Rescinding a transaction for fraud and innocent misrepresentation
Rules of pleadings and practice
Liability for negligent misrepresentation based on Hedley Byrne principles
Account of the devilment of the action for misrepresentation and the 1962 Jenkins report on the law of misrepresentation which led to the 1967 Act
The principle statutory provisions dealing with misrepresentation
Analysis of key judicial decisions in the UK, commonwealth jurisdictions and Ireland including the recent case of Smith New Court Securities Ltd. v Scrimgeour Vickers (Asset Management) Ltd."