party to enter into a contract with him. In these circumstances, the primary remedy is that of rescission of the contract, but, depending on the nature of the misrepresentation, there is also the possibility of an action for damages, either as of rightor at the discretion of the court. : It is said to be an essential requirement of an actionable misrepresentation that it should be a statement of fact. Because of this rule, there are a number of types of statement which will not give rise to a remedy for misrepresentation. In the first place, a promise as to the future or a statement of intention is not a

doi:10.4324/9781843141518-86

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Chapter

ABSTRACT

In order to amount to a misrepresentation, the defendant’s statement must be a false statement of fact which induces the other party to enter into a contract with him. This raises two principal issues, namely what is a statement of fact and secondly what is to be regarded as an inducement.