ABSTRACT

Misrepresentation is an interesting area of contract law as, on the one hand, a carelessly made statement inducing someone to enter a contract can void the contract; but it may also amount to negligent misstatement that can be dealt with via negligence. Generally speaking, contracting parties are not relieved from their contractual obligations because they make a mistake. If one party makes a bad bargain, such as agreeing to pay too high a price for goods, that is not a reason to set the contract aside. To a businessman, the identity of the other contracting party is often of real importance, in relation to the ability to pay. However, creditworthiness is not the crucial issue in law; a contract will only be void for mistake where the seller intended to contract with a different person.