English Contract Law – An overview of Misrepresentation
Prior to a contract being made, parties commonly exchange statements. Some of these claims fall under the category of representations. Misrepresentations are a category for some representations. A clear-cut, erroneous factual or legal assertion made to the representee that persuades them to sign the contract is considered a misrepresentation. Business to business (B2B) and business to consumer (B2C) contexts have different contracting regimes. Service agreements between businesses and consumers are covered by Section 50 of the Consumer Rights Act of 2015. Anything a trader says or writes to a customer about the trader or the service is treated as a term of the contract if the consumer considers it while deciding whether to engage into the contract. Terms will not be covered in this section because they are handled differently than misrepresentations. The Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277) (as amended by the Consumer Protection (Amendment) Regulations 2014 SI 2014/870) similarly cover other contracts in the B2C regime. The exact remedies provided by these regulations for consumers will not be covered in this section.
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