Template:Representationdescription: Difference between revisions
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A {{tag|representation}} is a statement of '''present [[fact]]''' made by one person which induces another to enter a {{tag|contract}}. By its nature, a {{tag|representation}} is therefore ''not'' a [[term]] of the {{t|contract}} itself — it cannot be; it was made before the contract came about; it is an {{tag|egg}} to the contract's [[Chicken-licken|chicken]] — although that won’t stop [[Mediocre lawyer|attorneys]] gleefully adding representations into the {{tag|contract}} afterward, | A {{tag|representation}} is a statement of '''present [[fact]]''' made by one person which induces another to enter a {{tag|contract}}. By its nature, a {{tag|representation}} is therefore ''not'' a [[term]] of the {{t|contract}} itself — it cannot be; it was made before the contract came about; it is an {{tag|egg}} to the contract's [[Chicken-licken|chicken]] — although that won’t stop [[Mediocre lawyer|attorneys]] gleefully adding representations into the {{tag|contract}} afterward, co-branding them as [[warranty|warranties]], for good measure. For, if your counsel is [[Mediocre lawyer|diligent]] enough, you may have your cake and eat it, too. [[Non-contractual representation|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}}. | ||
Revision as of 15:09, 28 June 2019
A representation is a statement of present fact made by one person which induces another to enter a contract. By its nature, a representation is therefore not a term of the contract itself — it cannot be; it was made before the contract came about; it is an egg to the contract's chicken — although that won’t stop attorneys gleefully adding representations into the contract afterward, co-branding them as warranties, for good measure. For, if your counsel is diligent enough, you may have your cake and eat it, too. 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.