Misrepresentation and Litigation
Data Law Limited
Summary
- Tutor is available to students
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
Questions and answers
Currently there are no Q&As for this course. Be the first to ask a question.
Reviews
Currently there are no reviews for this course. Be the first to leave a review.
Legal information
This course is advertised on reed.co.uk by the Course Provider, whose terms and conditions apply. Purchases are made directly from the Course Provider, and as such, content and materials are supplied by the Course Provider directly. Reed is acting as agent and not reseller in relation to this course. Reed's only responsibility is to facilitate your payment for the course. It is your responsibility to review and agree to the Course Provider's terms and conditions and satisfy yourself as to the suitability of the course you intend to purchase. Reed will not have any responsibility for the content of the course and/or associated materials.