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Misrepresentation and Breach of Contract The distinctions between the two legal issues of misrepresentation and breach of contract are dependant on whether the pre-contractual statement was made on the basis of a representation, or on a promise or obligation to be fulfilled. These are radically different when it comes to remedying the damage caused by one party against another. A breach of contract would put the claimant back into the position had there not been a breach, and any damages would put the claimant where he/she would had expected to be in. However, if there is an actionable misrepresentation, the claimant would be returned to the position had there not been a misrepresentation, thus being compensated prior to the misrepresentation, i.e. as if there had been no contract at all. The effect of an actionable misrepresentation is to make the contract voidable. The Misrepresentation Act 1967 has expanded the remedies for...

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