INTRODUCTION
An awkward problem has recently arisen over misrepresentation in contract. It is hornbook law that a contractor can state a fact in the course of contractual negotiation without going so far as to promise that it is true. This is the intuitive idea underlying the long line of ‘mere misrepresentation vs warranty’ decisions familiar to any contract student. In such a case, if the statement proves to be false the representee is entitled to rescission or damages for misrepresentation (the latter for deceit, or under Hedley Byrne or the Misrepresentation Act 1967 as the case may be); but unless the court holds the statement to be a warranty as well they have no right to any remedy for breach of contract …
€ (Westlaw)
Andrew Tettenborn, ‘Stating facts and promising their truth: warranties, representations and the law of contract’ (2026) 142 Law Quarterly Review (July) 501-513
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