Representation v term Flashcards
1
Q
Express terms
A
Can be made either written or orally
if it is oral, we have to be sure that the statement made verbally is actually a term not just a representation
If it is a term, then you can sue for breach of contract and the remedy will depend on what type of term - in nominate, warranty, conditions
if the statement is not to be a term of the contract, the remedy will be misrepresentation as it will be seen to be a misrepresentation that has been made
