ABSTRACT
Misrepresentation deals with the situation where somebody makes an untrue statement to the innocent party which induces that party to enter into a contract with them. If that untrue statement has become a term of the contract, the innocent party’s remedy will be for breach of contract. However, and this is where misrepresentation comes in, what if that statement has not become a term of the contract? In such a case the innocent party’s
will have been broken, but the remedy will be for misrepresentation. In this chapter we will identify what amounts to a false representation of fact, and the identity of the person to whom the misrepresentation was addressed. We will also consider whether that misrepresentation actually induced the innocent party to enter into the contract. Finally, we will examine the remedies available to the misled person.
