Holdings Information

Bibliographic Record Display

• Title:[Actionable misrepresentation]
  Spencer Bower & Handley actionable misrepresentation / by The Honourable K.R. Handley AO OStJ QC BA, LLB, LLD (Honoris Causa).
  
•    
• Author/Creator:Handley, K. R., author.
  
• Other Contributors/Collections:Spencer Bower, George, 1854-1928. Actionable misrepresentation.
  
• Published/Created:London : LexisNexis, [2014]
  

• Holdings

  Holdings Record Display

  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: KD1963 .S64 2014
    
  • Number of Items:1
    
  • Status:c.1 On loan - Due on 04-22-2024
    

   
• Library of Congress Subjects:Fraud--Great Britain.
  
• Medical Subjects: Fraud
  
• Edition:Fifth edition.
  
• Description:xcii, 340 pages ; 26 cm
  
• Summary:This is an authoritative and comprehensive book on the limitations imposed by the doctrine of Res Judicata. First published in the 1920s, this frequently cited work ensures readers understand how the doctrine of Res Judicata is enforced and also how it does not apply. It gives essential information on what constitutes a Res Judicata decision, how judicial decisions apply in rem and in personam, in taxation and rating cases, in criminal cases (autrefois acquit), in matrimonial cases, in prima facie cases of estoppel and in merger judgments. the text is fully supported by extensive footnotes and appropriate cases to demonstrate each point.
  
• Notes:Revised edition of: Spencer Bower, George, 1854-1928. Actionable misrepresentation. London : Butterworths, 2000.
  Includes bibliographical references and index.
  
• ISBN:9781405782845 (hardback)
  1405782846 (hardback)
  
• Contents:Machine generated contents note: ch. 1 Introduction
  Scope
  Excluded topics
  Misrepresentation and mistake
  Misrepresentation and non-disclosure
  Estoppel and criminal responsibility
  Topics included
  Misrepresentations to persons other than the claimant
  Principles summarised
  Elements of the cause of action or affirmative defence
  ch. 2 Representation
  Introduction
  constituent elements
  Communication between two persons
  Relation to matter of fact
  Statements of intention, or otherwise relating to the future
  Statements of the representor's intention
  Statements part representation and part promise
  Promises
  Representation distinguished from promise
  Representation repeated as promise
  Statement of a third person's intention
  Expressions of expectation, hope etc
  Statements of opinion, belief or information
  Representations of representor's opinion, belief or knowledge
  Statement of a third person's state of mind
  Representations as to matters of information or opinion
  Fact represented as opinion or information
  Pleadings
  Distinction between representations of law and fact
  Statements of mixed law and fact
  Inferences of law from known facts
  Fraudulent statements of law
  Statements about documents
  Statements about contents of document
  Statements of the effect of a document
  Statements as to nature of document
  Exaggeration, puffing etc
  ch. 3 How a representation may be made
  Express representations
  Implied and inferred representations
  Representations implied from conduct
  Bribery
  Other implied representations
  Misrepresentations to lead underwriter
  Implied representations to surety
  ch. 4 Misrepresentation
  Falsity in fact
  Onus of proof
  Substantial falsity essential
  Error in unimportant details
  Falsity must go to the fact represented
  Inconsistency is not falsity
  When falsity must exist
  Continuing representations
  Supervening events
  Meanings relevant for different issues
  Representation prima facie has its natural meaning
  Ambiguous representations
  Deliberate ambiguity
  Falsity by omission or silence
  Omission of essential qualifying facts
  Silence in conjunction with something previously said or done
  Necessity to speak arising from statement by another
  Duty to mention unusual features in well-known transaction
  Except as above, silence is not a representation
  Statements to be read together
  Questions of law and fact
  ch. 5 Fraudulent and innocent misrepresentation
  Fraud as distinguished from mere falsity
  Absence of honest belief renders misrepresentation fraudulent
  State of mind of representor
  Intention and motive of representor
  When non-belief must exist
  Representor's duty when he discovers statement was false
  Representor's duty when statement becomes false
  Innocent misrepresentation
  Absence of reasonable grounds compatible with innocence
  Gross negligence not fraud
  Irrational belief not fraud
  Forgetfulness will not support charge of fraud
  Negligent representation may nevertheless support an action for damages
  ch. 6 Inducement and materiality
  Actual inducement necessary
  Two aspects of inducement
  Intention insufficient if actual inducement not shown
  Intention to induce also necessary
  Representation may be spent
  Intention may be inferred
  Representation where no obligation to speak the truth
  Other inducing causes irrelevant
  Speculation as to effect of truth or silence not permitted
  Complex representations
  Representee must establish meaning
  Materiality
  Inducement and materiality separate questions
  natural result must be to induce the representee
  Where there are no special circumstances
  Is materiality a separate element in a cause of action for deceit?
  Materiality and innocent misrepresentation
  Special circumstances
  Burden of proof
  All the circumstances to be considered
  ch. 7 Change of position and damage
  Relevant transactions
  Actionable damage
  Burden of proof: questions of law and fact
  ch. 8 Parties: the representor
  Passing on representation of another
  Vicarious liability
  Actual authority of agent
  Ratification
  Company directors
  Co-agents and sub agents
  Forgery by agent
  Principal cannot profit from fraud of agent
  Fraud by corporation
  Corporations: share subscriptions
  Divided responsibility
  Divided responsibility: large organisations
  Agent committing fraud on principal
  Fraudulent agent jointly and severally liable with principal
  Damages for innocent misrepresentation
  liability of agent
  Liability of a principal for an agent's negligent misrepresentations
  Burden of proof and questions of fact and law
  ch. 9 Parties: the representee
  Direct representees and their principals
  Indirect representees
  Class to whom representation is addressed
  `Stock Exchange' misrepresentations
  Burden of proof
  Questions of law and fact
  ch. 10 When misrepresentation actionable
  Introduction
  Damages for innocent and negligent misrepresentation
  Rescission for innocent misrepresentation
  Compensation in specific performance cases
  Misrepresentation of authority
  Performance of ministerial duty at request of another
  ch. 11 action for deceit
  Parties
  Standard of proof
  Defences in actions for deceit
  Representee's knowledge of the truth
  Knowledge of agent
  No duty on representee to enquire
  Exclusion clauses
  Avoidance of contract
  Lord Tenterden's Act
  Requirement for personal signature
  Illegality
  Statutory defence for issuers of traded securities
  Contributory negligence
  Contribution
  Winding-up of corporation
  Release
  Limitation of liability
  ch. 12 Damages for deceit
  tort measure
  Unliquidated damages
  Principles of assessment: general
  One-sided account
  Two-sided account
  Contingent liability as damage
  How value determined
  When value determined
  Smith New Court
  Loss due to supervening cause
  Whether loss from inducement or transaction
  Reduction due to supervening cause
  Loss of profits
  Causation and hypothetical transactions
  Loss of chance
  Other recoverable consequential losses
  Exemplary damages
  Some miscellaneous principles
  Minors
  Effect of contract on damages
  Concurrent claims by companies and individuals
  Unrealised benefits
  Equitable compensation
  ch. 13 action for damages for innocent misrepresentation
  Categories of misrepresentation
  Representee must be party to contract
  Defence of reasonable belief
  Contributory negligence
  Lord Tenterden's Act
  Exemption clause
  Measure of damages
  Damages in lieu of rescission
  ch. 14 Rescission for fraud
  Rescission for misrepresentation act of party not court
  Contracts induced by misrepresentation are voidable, not void
  Representee has power of election
  Representee not bound to elect unless confronted with choice
  election is final
  Election
  Knowledge of the facts
  Independent grounds for rescission
  Actual election to affirm
  Actual election to rescind
  Communication of election
  Election to affirm
  estoppel
  Imputed election to affirm
  Kammins
  Peyman v Lanjani
  Imputed election
  unequivocal conduct
  Imputed election not based on estoppel
  Exceptions to general rule that election must be communicated
  ch. 15 Rescission for innocent misrepresentation
  Rescission for innocent misrepresentation under MA 1967
  Executory contracts
  Executed contracts
  Damages in lieu of rescission
  Effect of assignment
  Damages in lieu of rescission: quantum
  Whether rescission or subsisting right to rescind necessary
  ch. 16 Action to enforce rescission
  Rescission at law and in equity
  Rectification as alternative to rescission
  Rescission must be total
  Rescission by guarantors
  Enforcing rescission
  Action to enforce rescission
  Contents of order
  Restitution
  Tracing
  Stock-in-trade and livestock
  Specific property
  Rescinding party not bound to maintain property
  Improvements and depreciation
  Services
  Money had and received
  Company cases
  Sales by order of the court
  Repossession of goods
  Misrepresentation and marriage
  Persons entitled to enforce rescission
  persons liable to proceedings to enforce rescission
  Assignments of choses in action
  Negotiable instruments
  Tangible movables
  Interests in land or personal property
  Rescission against party other than representor
  Rescission against original party other than representor
  ch. 17 Rescission
  affirmative defences
  Representee's knowledge of the truth
  Illegality
  Agreement excluding power of rescission
  Affirmation
  Rescission unjust to representor or third parties
  Liquidation of company
  Delay
  MA 1967
  ch. 18 Misrepresentation as defence
  Specific performance
  Specific performance granted to representor subject to compensation
  Specific performance at suit of representee
  Election before suit not required
  Where contract void
  Impersonation
  Plea of non est factum
  Misrepresentation as to exemption and other clauses
  Where defence of rescission available against assignee
  Fraud as invalidating cause independent of reliance
  Contents note continued: Fraudulent insurance claims
  Principle not extended
  Fraud subsequent to contract
  Claims for apportionment or contribution
  ch. 19 Statutory provisions for misrepresentation
  Prospectuses
  Misrepresentations in company prospectuses
  persons to whom the action is given
  persons liable
  What must be alleged and proved by a claimant
  Affirmative defences
  Affirmative defence of reasonable belief in truth
  Affirmative defences for statements by others
  Affirmative defence: knowledge of the truth
  Statutory remedy
  Certification of share transfers
  Sales by auction
  Sale of Land by Auction Act 1867
  Sale of Goods Act 1979
  Auctions (Bidding Agreements) Act 1927 and Auctions (Bidding Agreements) Act 1969
  Land Registration Act 2002
  Partnership Act 1890
  ch. 20 Misrepresentations actionable by third parties
  English judgments procured by fraud
  Innocent misrepresentation
  English judgments in rem
  Domestic decrees in divorce
  Remedy to be sought by action
  Fraud by corporation
  Fresh facts sufficient without proof of diligence
  Slip rule not available for fraud
  Consent judgment may be set aside for misrepresentation
  Foreign judgments procured by fraud
  Foreign judgments in rem
  Setting aside awards
  Misrepresentation to public authorities
  What must be proved
  Principles now of limited importance
  Passing off
  Patents
  Representations to Parliament
  Compulsory purchase orders procured by fraud
  Fraudulent misrepresentations to third party
  Negligent misrepresentation to third party
  Fraud as element in other torts
  Secret profits obtained by misrepresentation to third parties
  Misrepresentations which disentitle representor to relief against third party
  Payments by third party to discharge debt
  ch. 21 Pleading and practice
  Action to be tried as a test action
  Proceedings commenced under alternative procedure
  Arbitration
  Anti set-off clauses
  ch. 22 Negligent misrepresentation
  Control mechanism: special relationship
  Tests for special relationship
  Inconsistent duty excludes special relationship
  Reliance must be reasonable
  Control mechanism: voluntary assumption of responsibility
  Control mechanism: relationship equivalent to contract
  Parties negotiating for contract or in contractual relationship
  Disclaimer
  Control mechanism that failed: Evatt and the requirement of special skill
  rejection of Evatt
  control mechanism that proved unnecessary: financial interest of adviser
  Control mechanism: special access to information
  Control mechanism: statements on social or casual occasions
  Control mechanism: impromptu answers
  Remote representees
  Duty to indirect representees: valuers and others
  No general duty to indirect representees
  No duty to remote representees
  Control mechanism: purpose and intention of representor
  Statutory duty to provide information
  Control mechanism: duty to closed class
  Reeman
  Critique of Reeman
  Public authorities: policy statements
  Official action as representation
  Duty of care in exercising discretionary powers
  Negligent misrepresentation in exercising statutory powers
  Misfeasance in public office
  Critique of Welton
  Liability of planning authorities under Hedley Byrne
  No distinction between information, advice, forecasts and threats
  Nature of duty
  No new duties of disclosure
  Reliance causing economic loss to third party
  Liability of barristers for negligent advice
  Immunity of witness.