Misrepresentation - A Litigator’s Drafting Checklist
Suitable for litigators claiming or defending a cause of action in misrepresentation as well as for commercial practitioners seeking to expressly include or avoid the cause of action in their drafting, this webinar sets out the recent conflicting authorities on the entire agreement clause.
What You Will Learn
This webinar 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
This webinar was recorded on 27th January 2020