Representation: Difference between revisions

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A representation is a statement made by one party which has the effect of inducing another into entering a contract. By its nature, a representation is therefore not a term of the contract in itself — it is an {{tag|egg}} to the contract's chicken — although attorneys will gleefully add representations into the contract afterward, and therefore make them contractually binding.
A {{tag|representation}} is a statement made by one party which has the effect of inducing another into entering a {{tag|contract}}. By its nature, a {{tag|representation}} is therefore not a term of the contract itself — it is an {{tag|egg}} to the contract's chicken — although attorneys will gleefully add representations into the contract afterward, for good measure, and will co-brand them as [[warranty|warranties]] — being binding contractual terms — for good measure.


Even non-contractual representations may provide relief: a false representation may entitle the party induced into the contract in reliance on it to claim under the Misrepresentation Act 1967 and [[rescind]] the {{tag|contract}} altogether, or claim damages for [[negligent misstatement]] in {{tag|tort}}.
Non-contractual representations may provide relief: a false representation may entitle the party induced into the contract in reliance on it to claim under the Misrepresentation Act 1967 and [[rescind]] the {{tag|contract}} altogether, or claim damages for [[negligent misstatement]] in {{tag|tort}}.
 
Contractual representations, if breached, lead to remedies for breach of contract.  


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Revision as of 15:53, 7 September 2016

A representation is a statement made by one party which has the effect of inducing another into entering a contract. By its nature, a representation is therefore not a term of the contract itself — it is an egg to the contract's chicken — although attorneys will gleefully add representations into the contract afterward, for good measure, and will co-brand them as warranties — being binding contractual terms — for good measure.

Non-contractual representations may provide relief: a false representation may entitle the party induced into the contract in reliance on it to claim under the Misrepresentation Act 1967 and rescind the contract altogether, or claim damages for negligent misstatement in tort.

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See also

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