What is the court's rationale for distinguishing between 'representations' and 'terms'? Do you agree with this rationale?

Question

Quizplus · Accepted Answer

The Answer is The court's rationale for distinguishing between 'representations' and 'terms' is based on the principle of contractual interpretation. Representations are statements made during the negotiation of a contract that are not intended to be legally binding, while terms are the specific provisions that are intended to form the basis of the contract. The court distinguishes between the two in order to determine the intention of the parties at the time the contract was formed.

The rationale for this distinction is to ensure that parties are held to their actual contractual obligations and to prevent disputes over non-binding statements made during negotiations. By treating representations and terms differently, the court can give effect to the intentions of the parties and uphold the principle of freedom of contract.

Whether or not one agrees with this rationale may depend on individual perspectives. Some may argue that the distinction is necessary to maintain the integrity of contracts and prevent parties from being bound by non-binding statements. Others may argue that the distinction can be overly technical and may not always reflect the true intentions of the parties. Ultimately, the rationale for distinguishing between representations and terms is a matter of legal interpretation and may vary depending on the specific circumstances of each case.

What Is the Court's Rationale for Distinguishing Between 'Representations' and 'Terms