Misrepresentation and Litigation - A Drafting Checklist
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 
• The application of UCTA after First Tower Trustees Ltd v CDS (Superstores International) Limited 
• Fraudulent misrepresentation – recklessness and causation redefined in BV Nederlandse Industrie Van Eiprodukten v Rembrandt Enterprises Inc 
• 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
Do you want to continue your session?