Misrepresentation - Representation Is Not A Term

Representation Is Not A Term

Contract law
Part of the common law series
Contract formation
  • Offer and acceptance
  • Posting rule
  • Mirror image rule
  • Invitation to treat
  • Firm offer
  • Consideration
Defenses against formation
  • Lack of capacity
  • Duress
  • Undue influence
  • Illusory promise
  • Statute of frauds
  • Non est factum
Contract interpretation
  • Parol evidence rule
  • Contract of adhesion
  • Integration clause
  • Contra proferentem
  • Title-transfer theory of contract
Excuses for non-performance
  • Mistake
  • Misrepresentation
  • Frustration of purpose
  • Impossibility
  • Impracticability
  • Illegality
  • Unclean hands
  • Unconscionability
  • Accord and satisfaction
Rights of third parties
  • Privity of contract
  • Assignment
  • Delegation
  • Novation
  • Third-party beneficiary
Breach of contract
  • Anticipatory repudiation
  • Cover
  • Exclusion clause
  • Efficient breach
  • Deviation
  • Fundamental breach
Remedies
  • Specific performance
  • Liquidated damages
  • Penal damages
  • Rescission
Quasi-contractual obligations
  • Promissory estoppel
  • Quantum meruit
Implied In Fact Contracts
  • Implied In Fact
Related areas of law
  • Conflict of laws
  • Commercial law
Other common law areas
  • Tort law
  • Property law
  • Wills, trusts and estates
  • Criminal law
  • Evidence

As enacted by the Misrepresentation Act, the statement in question may constitute a representation even if later incorporated into the contract as a term (i.e. a warranty, condition or innominate term).

An alternative approach, applied in parallel but in exclusivity to, is to find a collateral contract by interpreting the representation as a promise accompanied by some sort of consideration (see Heilbut, Symons & Co. v Buckleton A.C. 30 (H.L.)). The collateral contract will have the effect of adding the representation as a term to the contract.

If the representation is found to be a term then the normal remedies for breach of contract apply.

Read more about this topic:  Misrepresentation

Famous quotes containing the word term:

    “Why did you give no hint that night
    That quickly after the morrow’s dawn,
    And calmly, as if indifferent quite,
    You would close your term here, up and be gone”
    —Thomas Hardy (1840–1928)