| Description |
1 online resource. |
| Physical Medium |
polychrome |
| Description |
text file |
| Series |
Hart studies in private law ; volume 14
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Hart studies in private law ; v. 14.
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| Bibliography |
Includes bibliographical references and index. |
| Contents |
Cover; Half-title; Title; Copyright; Preface; Acknowledgements; Contents; List of Contributors; Table of Cases; Table of Legislation; Part 1: Issues; 1. Hedley Byrne v Heller: Issues at the Beginning of the Twenty-First Century; I. Introduction; II. Aims and Overview; III. History, Concepts and Theory; IV. Intersections and Distributions of Liability; V. Conclusion; Part 2: History, Concepts and Theory; 2. Hedley Byrne v Heller in Australia: 'Never has there been such a Judicial Jamboree'; I. The Law Prior to Hedley Byrne. |
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II. Hedley Byrne v Heller: The Immediate Aftermath of the Decision in AustraliaIII. Caltex: Working Out the Principles Behind Pure Economic Loss; IV. Pure Economic Loss, Hedley Byrne and the Rise of Proximity; V.A Multifactoral Approach and Hedley Byrne; 3. The Assumption of Responsibility; I. The Assumption of Responsibility in Hedley Byrne; II. Is the Obligation Voluntarily Assumed?; III. The Voluntary Entry into a Relationship; IV. The Assumption of Responsibility as Proximity; V. Conclusion; 4. The Basis of the Hedley Byrne Action; I. Introduction; II. Identifying the Hedley Byrne Action. |
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III. The Negligence Plus ModelIV. Negligent Misrepresentation and the Neighbour Principle; V. Imposed and Assumed Obligations; VI. The Doctrine of Consideration and Hedley Byrne; VII. Assumption of Responsibility and the Law of Negligence; VIII. Conclusion; 5. The Curious Incident of the Dog that did Bark in the Night-Time: What Mischief does Hedley Byrne v Heller Correct?; I. Introduction; II. The Mischief in Hedley Byrne; III. Why was Contract Thought not to be Good Enough?; IV. What Did Derry v Peek Decide?; V. Conclusion; Part 3: Intersections and Distributions of Liability. |
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6. Equity as Tort?I. Introduction; II. The Rise and Destruction of the Jurisdiction to Make Good Representations; III. The Destruction of an Equitable Jurisdiction; IV. The Unconscionable Insistence on Strict Legal Rights to Property; V. Nocton v Ashburton and its Consequences; VI. Breach of Confi dence and the Compensatory Jurisdiction; VII. The Assessment Principles-With Little Past at their Back; VIII. Conclusion; 7. Limitations on Defendant Liability for Misleading or Deceptive Conduct Under Statute: Some Insights from Negligent Misstatement; I. Introduction. |
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II. Limiting Factors in the Law of Negligent MisstatementIII. Limiting Factors Under the ACL; IV. Conclusion; 8. Advisor Liability: Claims for Contribution or Reimbursement Between an Advisor and the Advisee's Contract-Partner; I. Introduction; II. Ways of Allocating Liability Between Multiple Debtors; III. The Advisee Enforces the Induced Contract; IV. The Advisee Pursues a Claim for Misrepresentation Against the Contract-Partner; V. Conclusion; Part 4: Comparative Perspectives; 9. What are We Doing Here? The Relationship Between Negligence in General and Misstatements in English Law. |
| Summary |
2013 was the 50th anniversary of the House of Lords' landmark decision in Hedley Byrne v Heller. This international collection of essays brings together leading experts from five of the most important jurisdictions in which the case has been received (the United Kingdom, the United States, New Zealand, Canada and Australia) to reappraise its implications from a number of complementary perspectives-historical, theoretical, conceptual, doctrinal and comparative. It explores modern developments in the law of misstatement in each of the jurisdictions; examines the case's profound effects on the co. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Mistake (Law)
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Mistake (Law) |
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Fraud.
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Fraud. |
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Contracts.
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Contracts. |
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fraud. |
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contracts. |
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Private -- Civil law: general works. |
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LAW -- Administrative Law & Regulatory Practice. |
| Added Author |
Barker, Kit, editor.
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Grantham, Ross, editor.
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Swain, Warren, 1973- editor.
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| Other Form: |
Print version: Barker, Kit. Law of Misstatements : 50 Years on from Hedley Byrne v Heller. London : Bloomsbury Publishing, ©2015 9781849468633 |
| ISBN |
9781509901876 (electronic book) |
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1509901876 (electronic book) |
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9781509901883 |
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1509901884 |
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9781782257981 (online) |
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1782257985 |
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184946863X |
|
9781849468633 |
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9781849468633 |
|
