{"title":"9. Misrepresentation and Non-Disclosure","authors":"J. Beatson, A. Burrows, J. Cartwright","doi":"10.1093/HE/9780198734789.003.0009","DOIUrl":"https://doi.org/10.1093/HE/9780198734789.003.0009","url":null,"abstract":"This chapter focuses on relief for misrepresentation and for the exceptional cases in which there may be relief for non-disclosure, and considers misrepresentations that have not been incorporated as a term of the contract. In such cases, the misled party will sometimes be entitled to claim tortious damages in respect of loss sustained by reason of the misrepresentation. If the misrepresentation was made fraudulently, damages in the tort of deceit can be recovered. If it was made without reasonable care being taken to ascertain its truth, the misled party may recover damages by virtue of statute, or at common law in the tort of negligence. Where the party making the misrepresentation believed, and had reasonable grounds to believe, that the facts represented were true, although the contract is still voidable at the suit of the misled party, tortious damages cannot be claimed but damages may sometimes be awarded in lieu of rescission. A misrepresentation made by a trader to a consumer may also constitute a ‘prohibited practice’ under the Consumer Protection from Unfair Trading Regulations 2008, which will give the consumer ‘rights to redress’ under the Regulations. A pre-contractual misrepresentation therefore may give rise to a wide range of remedies: rescission of the contract, as well as damages by statute or at common law, in contract or tort.","PeriodicalId":363325,"journal":{"name":"Anson's Law of Contract","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129706444","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"20. Limitation of Actions","authors":"J. Beatson, A. Burrows, J. Cartwright","doi":"10.1093/he/9780198734789.003.0020","DOIUrl":"https://doi.org/10.1093/he/9780198734789.003.0020","url":null,"abstract":"At common law, lapse of time does not affect contractual rights. But it is the policy of the law to discourage stale claims because, after a long period, a defendant may not have the evidence to rebut such claims and should be in a position to know that after a given time an incident which might have led to a claim is finally closed. Accordingly, in the Limitation Act 1980, the Legislature has laid down certain periods of limitation after the expiry of which no action can be maintained. Equity has developed a doctrine of laches, under which a claimant who has not shown reasonable diligence in prosecuting the claim may be barred from equitable relief.","PeriodicalId":363325,"journal":{"name":"Anson's Law of Contract","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132602038","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"8. Mistake","authors":"J. Beatson, A. Burrows, J. Cartwright","doi":"10.1093/he/9780199282470.003.0025","DOIUrl":"https://doi.org/10.1093/he/9780199282470.003.0025","url":null,"abstract":"Mistake is one of the most difficult topics in the English law of contract. The principles have never been precisely settled, the decided cases are open to a number of varying interpretations. The position is complicated by the fact that there have been distinct changes in the attitude of the judges to the question of mistake during the last 150 years. This chapter examines the circumstances in which a contract will be held to be defective if one or both of the parties enter into it under some misapprehension or misunderstanding but would not have done so had they known the true position. The discussions cover categorizing mistakes, mistakes about contract terms, mistakes about the identity of the person to whom the contract is addressed, and mistakes of fact or law about the subject matter of the contract or the surrounding circumstances.","PeriodicalId":363325,"journal":{"name":"Anson's Law of Contract","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133804575","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"4. Consideration And Promissory Estoppel","authors":"J. Beatson, A. Burrows, J. Cartwright","doi":"10.1093/he/9780198734789.003.0004","DOIUrl":"https://doi.org/10.1093/he/9780198734789.003.0004","url":null,"abstract":"This chapter discusses consideration and promissory estoppel. Consideration, a universal requisite of contracts not made by deed, reflects a variety of policies and serves a number of functions. First, enforceability may depend on the content of the promise or the circumstances in which it was made. Second, consideration has been said to identify which promises the parties intend to be legally enforceable. Third, consideration is sometimes seen as a requirement which ensures that a promisor has deliberately decided to contract and prevents parties accidentally binding themselves on impulse. Promissory estoppel is one strand in a broader equitable principle whereby parties to a transaction who have conducted their dealings in reliance on an underlying assumption as to a present, past, or future state of affairs, or on a promise or representation by words or conduct, will not be allowed to go back on that assumption, promise, or representation when it would be unfair or unjust to do so.","PeriodicalId":363325,"journal":{"name":"Anson's Law of Contract","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133137692","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"18. Specific Remedies","authors":"J. Beatson, A. Burrows, J. Cartwright","doi":"10.1093/HE/9780198734789.003.0018","DOIUrl":"https://doi.org/10.1093/HE/9780198734789.003.0018","url":null,"abstract":"This Chapter considers specific remedies for breach of contract. Under certain circumstances, a contractual promise may be enforced directly. This may be by an action for the agreed sum, by an order for specific performance of the obligation, or by an injunction to restrain the breach of a negative stipulation in a contract or to require the defendant to take positive steps to undo a breach of contract. These remedies have different historical roots, the claim for an agreed sum being, like damages, a common law remedy whereas specific performance and injunctions are equitable remedies that were once exclusively administered by the Court of Chancery.","PeriodicalId":363325,"journal":{"name":"Anson's Law of Contract","volume":"61 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124093279","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"3. Form","authors":"Jack Beatson, Andrew Burrows, John K. Cartwright","doi":"10.1093/he/9780198829973.003.0003","DOIUrl":"https://doi.org/10.1093/he/9780198829973.003.0003","url":null,"abstract":"English law recognizes only two kinds of contract: the contract made by deed, and the simple contract. A contract made by deed derives its validity solely from the form in which it is expressed. A simple contract as a general rule need not be made in any special form, but requires the presence of consideration, which broadly means that something must be given in exchange for a promise. This chapter examines contracts by deed and (simple) contracts for which writing is required.","PeriodicalId":363325,"journal":{"name":"Anson's Law of Contract","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126639735","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"22. Assignment","authors":"J. Beatson, A. Burrows, J. Cartwright","doi":"10.1093/he/9780198829973.003.0022","DOIUrl":"https://doi.org/10.1093/he/9780198829973.003.0022","url":null,"abstract":"This Chapter considers assignment, that is to say, the transfer of B’s contractual rights against A to C by means of an agreement between B (the assignor) and C (the assignee) irrespective of A’s (the debtor’s) consent. It examines the rules governing assignment and distinguishes it from several similar concepts: the negotiability of ‘negotiable instruments’, vicarious performance, novation, and the transfer of rights and liabilities by operation of law.","PeriodicalId":363325,"journal":{"name":"Anson's Law of Contract","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115321709","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"19. Restitutionary Awards","authors":"J. Beatson, A. Burrows, J. Cartwright","doi":"10.1093/HE/9780198734789.003.0019","DOIUrl":"https://doi.org/10.1093/HE/9780198734789.003.0019","url":null,"abstract":"This Chapter considers restitutionary remedies for breach of contract. It discusses the recovery of money paid, restitution in respect of services or goods, and an account of profits or damages measured by benefit to contract-breaker.","PeriodicalId":363325,"journal":{"name":"Anson's Law of Contract","volume":"123 12","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132241338","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"23. Agency","authors":"Jack Beatson, Andrew Burrows, John Cartwright","doi":"10.1093/he/9780198829973.003.0023","DOIUrl":"https://doi.org/10.1093/he/9780198829973.003.0023","url":null,"abstract":"Agency is the relationship that exists where one person (the principal) authorizes another (the agent) to act on its behalf and the agent agrees to do so. This Chapter discusses the modes of agency creation and the different kinds of agency, and the effect of agency: (a) the relations between the principal and third parties; and (b) the relations between the agent and third parties.","PeriodicalId":363325,"journal":{"name":"Anson's Law of Contract","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131294194","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"7. Incapacity","authors":"J. Beatson, A. Burrows, J. Cartwright","doi":"10.1093/he/9780198829973.003.0007","DOIUrl":"https://doi.org/10.1093/he/9780198829973.003.0007","url":null,"abstract":"This chapter discusses the grounds of contractual incapacity. It considers contracts made with the Crown and public authorities; corporations and incorporated associations; minors; and persons lacking mental capacity and drunken persons.","PeriodicalId":363325,"journal":{"name":"Anson's Law of Contract","volume":"48 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116805693","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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