English Contract Law - Pre-contractual remarks that are terms and representations have legal effects.
The various legal implications of pre-contractual utterances that are terms or representations Damages Term Remedy The goal is to put the representative in the position he would have been in if the contract had been properly executed. Damages Calculation - All damages sustained by the representative that were within the reasonable understanding of both parties to the contract at the time the contract was made Other remedies - Terminate or affirm the contract Damages for misrepresentation (usually possible only for fraudulent or negligent misrepresentation) The goal is to put the representative in the position he would have been in if the contract had not been signed. Damages Calculation - All direct damages caused by the representee. In contrast to damages for breach of contract, these losses do not have to have been within the parties' reasonable expectation. Other Remedies – Rescind the contract.
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