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(p. 203) Part IV ‘Vitiating’ factors 

(p. 203) Part IV ‘Vitiating’ factors

Mindy Chen-Wishart

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date: 27 February 2020

Since English law recognises no general duty of good faith, the parties need not disclose important matters about the transaction to each other, nor make reasonable efforts to reach agreement. But, while there is no liability for such omissions, contract parties who make false statements to induce the other party’s consent to the contract may find their contracts set aside and that they are liable for damages for misrepresentation. This chapter addresses the following questions: (1) What must the claimant prove in an action for misrepresentation? (2) What liability is there, if any, for non-disclosure? (3) When can the claimant set aside (rescind) the contract? (4) What money awards are made for misrepresentation? (5) To what extent can a party exclude or limit his liability for making a misrepresentation? (6) What recourse do consumers have against misleading and aggressive practices? (7) What justifications underlie the remedies for misrepresentation?

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