Template:Representationdescription: Difference between revisions
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A '''{{tag|representation}}''' is a statement of '''present or historical [[fact]]''' made by one person ''that induces | A '''{{tag|representation}}''' is a statement of '''present or historical [[fact]]''' made by one person to another ''outside'' the bounds of a contract ''that induces that other person 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}}. <br> | ||
Revision as of 23:29, 8 November 2020
A representation is a statement of present or historical fact made by one person to another outside the bounds of a contract that induces that other person 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.