Spencer Bower & Handley Actionable Misrepresentation PDF Download

Author: K. R. Handley
Publisher: Butterworths Law
ISBN: 9781405782845
Category : Fraud
Languages : en
Pages : 0

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Book Description
In English law, an actionable misrepresentation is a false statement of fact made during pre-contractual negotiations made by one party which induces the other party to enter into a contract. First published in 1911, Spencer Bower, Turner & 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 in both the UK and Commonwealth jurisdictions. This edition takes into account the considerable judicial and legislative activity in actionable misrepresentations, both in the UK and overseas since 1974, and provides analysis of this area as well as supplying conclusive material to back claims.

Author: Piers Feltham
Publisher: Bloomsbury Publishing
ISBN: 1784512133
Category : Law
Languages : en
Pages : 799

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Book Description
Spencer Bower: Reliance-Based Estoppel, previously titled Estoppel by Representation, is the highly regarded and long established textbook on the doctrines of reliance-based estoppel, by which a party is prevented from changing his position if he has induced another to rely on it such that the other will suffer by that change. Since the fourth edition in 2003 the House of Lords has decided two proprietary estoppel cases, Cobbe v Yeoman's Row Property Management Ltd and Thorner v Major, whose combined effect is identified as helping to define a criterion for a reliance-based estoppel founded on a representation, namely that the party estopped actually intends the estoppel raiser to act in reliance on the representation, or is reasonably understood to intend him so to act. Other developments in the doctrine of proprietary estoppel have required a complete revision of the related chapter, Chapter 12, in this edition. Thorner v Major confirms too the submission in the fourth edition that unequivocality is a requirement for any reliance-based estoppel founded on a representation. Other views expressed in the fourth edition are also noted to have been upheld, such as the recognition that an estoppel may be founded on a representation of law (Briggs v Gleeds), that a party may preclude itself from denying a proposition by contract as well as another's reliance (Peekay Intermark Ltd v Australia and New Zealand Banking Group Ltd and Springwell Navigation Corp v JP Morgan Chase Bank) and that an estoppel by deed binds by agreement or declaration under seal rather than by reason of reliance (Prime Sight Ltd v Lavarello). With the adjustment reflected in the change of title, and distinguishing the foundation of estoppels that bind by deed and by contract, the editors adopt Spencer Bower's unificatory project by the identification of the reliance-based estoppels as aspects of a single principle preventing a change of position that would be unfair by reason of responsibility for prejudicial reliance. From this follow the views: that reliance-based estoppels have common requirements of responsibility, causation and prejudice; that estoppel by representation of fact is, like the other reliance-based estoppels, a rule of law; that the result of estoppel by representation of fact may, accordingly, be mitigated on equitable grounds to avoid injustice; that the result of an estoppel by convention depends on whether its subject matter is factual, promissory or proprietary; that a reliance-based estoppel (other than a proprietary estoppel, which uniquely generates a cause of action) may be deployed to complete a cause of action where, absent the estoppel, a cause of action would not lie, unless it would unacceptably subvert a rule of law (in particular the doctrine of consideration); that an estoppel as to a right in or over property generates a discretionary remedy; and that the prohibition on the deployment of a promissory estoppel as a sword should be understood as an application of the defence of illegality, viz that an estoppel may not unacceptably subvert a statute or rule of law.

Author: John Cartwright
Publisher: Sweet & Maxwell
ISBN: 0414049551
Category : Law
Languages : en
Pages : 987

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Book Description
This book fully explains the role of Misrepresentation in Contract Law. It further expands on the role of Mistake and Non-disclosure in a contractual dispute and formally comments on the general duties of negotiating parties.

Author: Peter Macdonald Eggers
Publisher: CRC Press
ISBN: 1317912748
Category : Law
Languages : en
Pages : 300

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Book Description
Deceit: The Lie of the Law will provide a complete and detailed account of the law of deceit as developed over the past two centuries. This new book by Peter MacDonald Eggers examines the commercial, contractual and civil relationships in which claims in deceit have been made.

Author: Alexander Trukhtanov
Publisher: Taylor & Francis
ISBN: 1000555445
Category : Law
Languages : en
Pages : 425

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Book Description
The second edition of this book continues to offer the first and only comprehensive account of contractual estoppel, now made fully up to date with reference to the most recent cases. Contractual estoppel, a new and exciting development in the common law, is ever more widely employed and keeps showing itself of considerable practical utility. The book examines numerous judicial decisions which apply or discuss contractual estoppel, and offers a full and systematic exploration of its origin, principled basis, practical applications and limits. The doctrine continues to develop and the second edition tracks, catalogues, discusses and explains its multifarious applications, limits and niceties. In this title, the author, Alexander Trukhtanov, maintains the principal doctrinal claim of the first edition that contractual estoppel is a not misnomer, anomaly or distortion of reliance-based categories of estoppel, but its own category of legal estoppel. The book is a single point of reference for a systematic and organised exposition of the subject and an explanation of how it fits into existing law. It is practice-oriented but engages with important conceptual points. Contractual Estoppel will be of interest to practitioners, whether draftsmen, litigators or advocates, as well as academics and post-graduate students of contract law.

Author: Brian T. Fitzpatrick
Publisher: Cambridge Law Handbooks
ISBN: 1108488587
Category : Law
Languages : en
Pages : 577

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Book Description
International authors describe class action procedure in this concise, comparative, and empirical perspective on aggregate litigation.

Author: Peter MacDonald Eggers
Publisher: CRC Press
ISBN: 1317657810
Category : Law
Languages : en
Pages : 1121

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Book Description
The validity of a contract can be undermined by factors affecting contractual consent. Issues of contractual validity frequently arise for consideration in all types of litigation, not least commercial disputes. This book provides practitioners and academics with an invaluable reference tool, which will enable them to navigate the complex issues of vitiation of contract. When contractual disputes arise, there are a variety of vitiating factors which may be relied on to undermine a contract’s validity. This book provides a comprehensive examination of all the factors vitiating contractual consent from fraud, misrepresentation, non-disclosure, and mistake, to duress, undue influence, unconscionable bargains, and includes chapters on incapacity and unfairness. Each chapter gives a thorough account of the law on each of these vitiating factors, together with an overview of the remedies available. The book’s introduction considers the theoretical foundations of the law in this area. The book will be an invaluable reference tool for lawyers involved in all types of contractual disputes. It will also be a useful reference for academics and postgraduate students of commercial law.

Author: Neil Andrews
Publisher: Springer
ISBN: 3319748327
Category : Law
Languages : en
Pages : 354

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Book Description
This revised second edition takes account of developments in the field of dispute resolution, including mediation and arbitration. The book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first (revised) book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.

Author: Mindy Chen-Wishart
Publisher: Oxford University Press
ISBN: 0192675451
Category : Art
Languages : en
Pages : 625

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Book Description
Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider's perspective into specific areas of contract law - remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy - and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the mechanisms of and influences affecting these developments. At the same time, many points of convergence emerge. These provide good starting points for regional harmonization projects. Volume IV of Studies in the Contract Laws of Asia deals with factors affecting the validity of contracts (mistake, fraud, misrepresentation, coercion, and unfair exploitation) in the laws of China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Myanmar, the Philippines, Singapore, Taiwan, Thailand, and Vietnam.Typically, each jurisdiction is covered in two chapters; the first deals with erroneous beliefs, while the second deals with reprehensible conduct of one of the contracting parties.

Author: George Spencer Bower
Publisher: Butterworth-Heinemann
ISBN: 9780406900050
Category : Actions and defenses
Languages : en
Pages : 355

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Book Description
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 fourth 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 cases including Smith New Court Securities