Misrepresentation

A representation that misses. Being as it is an inducement to enter into a contract, and not a term of a contract in its own right, a broken representation entitles one to set aside the contract altogether as a failure of offer and acceptance, and any consideration subsequently delivered to be returned to the payer (perhaps on the basis of a restitutionary action for money had and received), to put the parties in the position they had been in before they entered into the contract.