Contract Law - Free Law Essay - Essay UK.
In general, a misrepresentation is an unambiguous false statement of fact or law which is addressed to the party misled, which is material (although this requirement is debateable) and which induces the contract. Considering each possible representation in turn, firstly it needs to be analysed whether Nancy saying “You don’t need to worry.Misrepresentation is an unambiguous false statement made by one party to another, which induces the other party to enter into the contract. Misrepresentation is a statement made before the contract was entered into—it is not part of the terms within a contract so a contract cannot be void. What this means, is the contract becomes voidable instead.A misrepresentation is a form of statement made prior to the contract being formed. There are two types of statement that can be made before a contract forms, these will either: Form part of the contract. Not form part of the contract, therefore becoming a representation.
A misrepresentation is a false statement of fact or law which induces the representee to enter a contract. Where a statement made during the course of negotiations is classed as a representation rather than a term an action for misrepresentation may be available where the statement turns out to be untrue.Misrepresentation and Breach of Contract The distinctions between the two legal issues of misrepresentation and breach of contract are dependant on whether the pre-contractual statement was made on the basis of a representation, or on a promise or obligation to be fulfilled.
An untrue statement of fact or law made by Party A (or its agent) to Party B, which induces Party B to enter a contract with Party A thereby causing Party B loss. An action for misrepresentation can be brought in respect of a misrepresentation of fact or law. There are three types of misrepresentation: Fraudulent misrepresentation: where a.
