Misrepresentation Mistake And Non Disclosure
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Misrepresentation Mistake And Non Disclosure
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Author : John Cartwright
language : en
Publisher: Sweet & Maxwell
Release Date : 2012
Misrepresentation Mistake And Non Disclosure written by John Cartwright and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
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.
Misrepresentation Mistake And Non Disclosure
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Author : PROFESSOR JOHN. CARTWRIGHT
language : en
Publisher:
Release Date : 2020
Misrepresentation Mistake And Non Disclosure written by PROFESSOR JOHN. CARTWRIGHT and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
Mistake And Non Disclosure Of Fact
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Author : H. G. Beale
language : en
Publisher: Oxford University Press
Release Date : 2012-08-23
Mistake And Non Disclosure Of Fact written by H. G. Beale and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-23 with Law categories.
English law, unlike in Europe and in the US, seldom gives relief when a party to a contract finds that she has entered the contract under a serious mistake about the subject matter or the facts. This book argues that small businesses suffer as a result, and proposes possible solutions, including adopting the proposed Common European Sales Law.
Mistake And Non Disclosure Of Fact
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Author : Hugh Beale QC FBA
language : en
Publisher: OUP Oxford
Release Date : 2012-08-23
Mistake And Non Disclosure Of Fact written by Hugh Beale QC FBA and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-23 with Law categories.
In this book Hugh Beale examines the case for reforming the law on mistake and non-disclosure of fact to bring English law closer to the law in much of continental Europe. There, and in common law countries like the US, a party may avoid a contract for mistake of fact on a more liberal basis, and a party who deliberately keeps silent knowing that the other party is making a mistake may be guilty of fraud. This is not necessarily the case in England and Wales. Developing a proposal for law reform, the author concedes that the English courts require a law that puts great emphasis on certainty and expects parties to look out for their own interests; but posits that this individualistic approach is not suitable for smaller businesses which are less sophisticated and which are likely to be making low value contracts, so that relative cost of taking advice will be high. He argues that the solution may not be to reform English contract law generally, but to support the development of an optional instrument on contract law, along the lines of the Common European Sales Law recently proposed by the European Commission. This measure is aimed specifically at the needs of small and medium enterprises, and contains the protective rules found in the other jurisdictions. It is aimed primarily at cross-border sales, but Member States would be given the option of adopting it for domestic transactions too. This would give small businesses the choice of using the current "hard-nosed" law or adopting the more protective optional instrument, recognizing that different parties require different things from the law governing their contract.
Misrepresentation
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Author : John Cartwright
language : en
Publisher:
Release Date : 2002
Misrepresentation written by John Cartwright and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
The Current Law Case Citators provide a quick reference guide to all case law since 1947 - showing if a case has ever been applied, considered, explained, approved, overruled or even referred to
Mistake And Non Disclosure Of Fact
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Author :
language : en
Publisher:
Release Date : 2012
Mistake And Non Disclosure Of Fact written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
In this book Hugh Beale examines the case for reforming the law on mistake and non-disclosure of fact to bring English law closer to the law in much of continental Europe. There, and in common law countries like the US, a party may avoid a contract for mistake of fact on a more liberal basis, and a party who deliberately keeps silent knowing that the other party is making a mistake may be guilty of fraud. This is not necessarily the case in England and Wales. Developing a proposal for law reform, the author concedes that the English courts require a law that puts great emphasis on certainty and expects parties to look out for their own interests; but posits that this individualistic approach is not suitable for smaller businesses which are less sophisticated and which are likely to be making low value contracts, so that relative cost of taking advice will be high. He argues that the solution may not be to reform English contract law generally, but to support the development of an optional instrument on contract law, along the lines of the Common European Sales Law recently proposed by the European Commission. This measure is aimed specifically at the needs of small and medium enterprises, and contains the protective rules found in the other jurisdictions. It is aimed primarily at cross-border sales, but Member States would be given the option of adopting it for domestic transactions too. This would give small businesses the choice of using the current "hard-nosed" law or adopting the more protective optional instrument, recognizing that different parties require different things from the law governing their contract.
Vitiation Of Contracts
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Author : Gareth Spark
language : en
Publisher: Cambridge University Press
Release Date : 2013-01-03
Vitiation Of Contracts written by Gareth Spark and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-03 with Law categories.
Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law. It provides a clear link to voluntariness as the foundation of contractual liability and compares the English position, in light of this theory, with the Principles of International Commercial Contracts (PICC), the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR) and the US Restatement (Second) of Contracts.
Anson S Law Of Contract
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Author : Sir William Reynell Anson
language : en
Publisher: Oxford University Press, USA
Release Date : 2010-08-19
Anson S Law Of Contract written by Sir William Reynell Anson and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-19 with Law categories.
This edition provides an authoritative and detailed account of contract law. It is essential reading for any student of contract law, and a valuable source of reference for practitioners and academics.
Estoppel By Conduct And Election
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Author : K. R. Handley
language : en
Publisher:
Release Date : 2013
Estoppel By Conduct And Election written by K. R. Handley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Estoppel categories.
Vitiation Of Contractual Consent
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Author : Peter MacDonald Eggers
language : en
Publisher: Taylor & Francis
Release Date : 2016-09-13
Vitiation Of Contractual Consent written by Peter MacDonald Eggers and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-13 with Law categories.
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.