Spencer Bower & Handley: Actionable Misrepresentation Fifth edition

Spencer Bower & Handley: Actionable Misrepresentation Fifth edition
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Spencer Bower & Handley: Actionable Misrepresentation Fifth edition

In English law, an actionable misrepresentation is a false statement of fact made during pre–contractual negotiations made by one party which induces the other party to enter into a contract.

First published in 1911, Spencer Bower, Turner & Handley is the most authoritative and comprehensive book available on the topic of actionable misrepresentation. It covers fraudulent, innocent and negligent misrepresentations and misrepresentations made actionable by statute and sets out in full the law and practice of bringing an action for misrepresentation. It also deals with the remedies and defences available, providing substantial coverage of key decisions in both the UK and Commonwealth jurisdictions.

This edition includes the following case updates:

  • Credit Lyonnais v ECGB [2000] AC 486 (vicarious liability)
  • Kuwait Airways v Iraqi Airways [2001] 1 WLR 429 HL (setting aside judgment for fraud)
  • Dubai Aluminium Co Ltd v Salaam [2003] 2 AC 366 (vicarious liability and contribution)
  • Johnson v Gore Wood & Co [2002] 2 AC 1 (claims by company and controlling shareholder)
  • The Chevron North America [2002] 1 Lloyds 77 HL (inducement and causation )
  • Bank of Credit & Commerce v Ali [2002] 1 AC 251 (effect of undisclosed fraud on release)
  • HIH v Chase Manhattan [2003] 1 All ER (Comm) 349 HL (exclusion clauses and fraud)
  • Standard Chartered Bank v Pakistan National Shipping Corporation [2003] 1 AC 959 (liability of agents and contributory negligence)
  • Manifest Shipping v Uni–Polaris Shipping [2003] 1 AC 469 (blind eye knowledge and effect of fraudulent insurance claim)
  • Shogun Finance Ltd v Hudson [2004] 1 AC 919 (fraudulent impersonation)
  • Three Rivers DC v Bank of England [2003] 2 AC 1, 291–2 (pleading fraud)
  • Law Society v Sephton & Co [2006] 2 AC 543 (contingent liability as damage)
  • Customs &Excise Commissioners v Barclays Bank plc [2007] 1 AC 181 (duty to avoid causing economic loss)
  • Stone & Rolls Ltd v Moore Stephens [2009] AC 1391 (fraud of company as defence for negligent auditor)
  • Welwyn Hatfield BC v Communication & Local Government Secretary [2011] 2 AC 304 (effect of fraud on planning permission and development)
  • Kelly v Fraser [2013] AC 454 (authority of agent to make representation)

01. Introduction
02. Representation
03. How a representation may be made
04. Misrepresentation
05. Fraudulent and innocent misrepresentation
06. Inducement and materiality
07. Change of position and damage
08. Parties to a representation (1) the representor
09. Parties to a representation (2) the representee
10. When misrepresentation is actionable
11. The action for damages for fraudulent misrepresentation
12. Damages for fraud
13. The action for damages for innocent misrepresentation
14. Rescission
15. Rescission for innocent misrepresentation
16. Action to enforce rescission
17. Rescission- affirmative defences
18. Misrepresentation as defence
19. Statutory provisions as to misrepresentation
20. Misrepresentations available to third parties
21. Pleading and Practice
22. Negligent misrepresentation


By Ken Handley AO OStJ QC, formerly a Judge of the Court of Appeal of New South Wales

1706 : 8850