In a negligent representation case, the representee can rescind the contract and/ or sue for damages, as in Esso Petroleum v Marden
This ‘Examination focus’ is relevant to AQA AS Unit 2 (anticipatory breach only) and A2 Unit 3, OCR A2 Units G155 and G156, and WJEC LA3.
A representation is a precontractual statement of fact made by one party to the contract (the ‘representor’) to the other (the ‘representee’), which the representor intended should induce the representee to enter into the contract and which did indeed have that effect.
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