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Contract Law

Contract Law (3rd edn)

TT Arvind
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date: 16 June 2024

p. 30511. Untrue statements

Misrepresentation and unilateral mistakelocked

p. 30511. Untrue statements

Misrepresentation and unilateral mistakelocked

  • TT ArvindTT ArvindProfessor of Law and Head of Department, York Law School, University of York

Abstract

This chapter examines how English law deals with the problem of untrue statements through the doctrines of misrepresentation and unilateral mistake. It begins with an overview of contractual transactions involving at least some measure of information asymmetry and proceeds by considering the basic principles of the law of misrepresentation. It then considers the three elements of false statements: the absence of general duties to disclose relevant facts, an objective approach to construing ambiguous statements, and a distinction between statements of fact and statements of opinion. It also discusses the remedies available to the representee in the case of misrepresentation, along with two types of unilateral mistakes recognized in law: unilateral mistakes as to identity and unilateral mistakes as to terms. The chapter concludes with an analysis of misleading selling practices and statutory remedies which are available to victims of misleading selling practices under the law of unfair commercial practices.

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