ABSTRACT

The first of these requires knowledge of the rules by which the courts decide whether a particular statement made during negotiations is to be regarded as part of any subsequent contract, and the use of the collateral contract. If a statement is not part of the main contract or a collateral contract, then the possibility of an action for misrepresentation should be considered. This requires looking at:

vthe requirements for a statement to be regarded as a ‘misrepresentation’; and v possible remedies under the common law and the Misrepresentation Act 1967.