Chapter

Misrepresentation, Warranty, and Estoppel

P. S. Atiyah

in Essays on Contract

Published in print August 1990 | ISBN: 9780198254447
Published online March 2012 | e-ISBN: 9780191681493 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198254447.003.0010

Series: Clarendon Paperbacks

Misrepresentation, Warranty, and Estoppel

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This chapter analyses the nature of liability for misrepresentation in the modern law. The first part focuses on misrepresentation and warranty. It presents how ‘mere representation’ can be distinguished from representation of a ‘warranty’, as well as the importance of this distinction. In addition, the chapter illustrates how the requirement of ‘intent’ is an essential element of warranty. The second part of this chapter centres on the doctrine of estoppel by representation. The chapter explores the significance of the assertion that estoppel is not a ‘cause of action’ but rather a rule of evidence, and the importance of such doctrine in representation. Its relation with liability for breach of warranty, deceit, and negligence is illustrated as well.

Keywords: misrepresentation; modern law; warranty; intent; representation; estoppel; rule; evidence; deceit; negligence

Chapter.  24893 words. 

Subjects: Civil Law

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