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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