Contract - Terms

Seite 1

Pre-Contractual Satements:

1. Puffs

(not binding, no intention to be bound, not meant to be taken literally)

2. Representations

3. Terms

Rep & Terms diff:

Term - promise to the truth of statement; Rep: None (although induce contract)

Diff legal consequences. If false: Term = breach, Rep = Misrep

Breach => dmg.

Non-fraud misrep can dmg ((Hedley Byrne & Co. Ltd v Heller& Partners Ltd) (Misrep Act 1967)

If B2B & Consumer Protection not applicable,

Misrep + Fault (Fraud/neg) => dmg

Innocent misrep no dmg (unless awarded at discretion by crt)

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