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Misrepresentation and Litigation


Data Law Limited

Summary

Price
£90 inc VAT
Or £30.00/mo. for 3 months...
Study method
Online, self-paced
Duration
1 hour
Qualification
No formal qualification
Additional info
  • Tutor is available to students

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Overview

Learning Outcomes

  • On completion of this course you will have a greater understanding of conflicting authorities on the entire agreement clause and will feel more confident when handling such matters.

What is the target audience?

  • This course is suitable for claimant and defendant litigators and commercial practitioners of all levels including fee earners, trainees and qualified solicitors

Description

During this 60-minute session barrister Helen Swaffield on Contract Law Chambers will set out the recent conflicting authorities on the entire agreement clause.

Ideal for litigators claiming or defending a cause of action in misrepresentation, as well as commercial practitioners seeking to expressly include or avoid the cause of action in their drafting, this session will cover the following:

• Innocent and negligent misrepresentation- what is the difference?
• The parallel cause of action in misstatement (the tortious equivalent)
• Rescission, partial rescission or damages in lieu- how much in practice?
• Beating the entire agreement clause after Al-Hawasi v Nottingham Forest Football Club [2018]
• The application of UCTA after First Tower Trustees Ltd v CDS (Superstores International) Limited [2018]
• Fraudulent misrepresentation – recklessness and causation redefined in BV Nederlandse Industrie Van Eiprodukten v Rembrandt Enterprises Inc [2018]
• Drafting formulae that work to protect the representor defendant
• Drafting formulae that can be overcome to enable a claim by the representee
• Section 50 Consumer Rights Act 2015- the B2C context- screen shots and social media
• Unfair Commercial Practices- another possibility?
• “Stretching” misrepresentation after signature- traps to avoid
• Warrants and represents- the post Breslin position in Sale and Purchase Agreement claims

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