ABSTRACT

Terms: that is, statements which form the express terms of the contract. As such they constitute promises as to the present truth of the statement, or as to future action. If such a promise is broken (for example, because the statement is untrue) this will involve a breach of contract; or

Mere representations: that is, statements that do not form part of the contract, but which helped to induce the contract. If these are untrue, they are ‘misrepresentations’.