ABSTRACT
Introduction During the course of negotiations leading to the formation of a contract, statements made will constitute either terms of the contract or representations. Representations are statements that helped to induce the contract. The latter, if untrue, will be actionable as misrepresentations. Certain core ingredients must be present for a successful claim in misrepresentation and if misrepresentation is proven, the contract will be voidable. Once the criteria have been met, it is also necessary to determine the relevant category of misrepresentation. The type of misrepresentation will determine which remedies are available to the claimant. In essence, where a misrepresentation has occurred the claimant will seek damages to put him or herself in the position s/he would have been in if they had not entered into the contract.
