ABSTRACT
The reason for linking these two topics is that it will often be the case that a particular set of circumstances gives rise to the possibility of argument in either mistake or misrepresentation. It is useful, therefore, to consider the advantages of one against the other. This issue is dealt with specifically in Question 24. It should not be forgotten, however, that although it is not uncommon to find a contract question that requires an answer covering both mistake and misrepresentation, the issues are not necessarily linked. Indeed, certain aspects of misrepresentation have already been discussed in Chapter 5. Some of those aspects are explored further in Question 27. Question 25, on the other hand, is an example of a question raising mistake issues, but not misrepresentation.
