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A Mistaken Turn in the Law of Misrepresentation

Davies, PS; Day, W; (2019) A Mistaken Turn in the Law of Misrepresentation. Lloyd's Maritime and Commercial Law Quarterly (In press).

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Abstract

Rescission of a contract for misrepresentation has traditionally been justified on the basis that the defendant’s false representation induced a mistake in the claimant. However, in Zurich Insurance Co plc v Hayward [2016] UKSC 48, [2017] AC 142, the Supreme Court held that a contract could be set aside on the basis of misrepresentation even if the claimant did not believe the defendant’s representation and was therefore not mistaken about the truth of the representation. This article argues that such an approach should be rejected for reasons of policy, principle and precedent, and considers what doctrinal tools exist to confine the unwelcome consequences of the decision.

Type: Article
Title: A Mistaken Turn in the Law of Misrepresentation
Publisher version: https://maritimeintelligence.informa.com/products-...
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10074630
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