What is a representation contract?

A representation is a statement of fact that induces a party to enter into the contract. The statement, made before or at the time of making the contract, regards a past fact or existing circumstance related to the contract which influences such party to enter the contract.

What is the meaning of legal representation?

Legal Definition of legal representative : one who represents or stands in the place of another under authority recognized by law especially with respect to the other’s property or interests: as. a : personal representative. b : an agent having legal status especially : one acting under a power of attorney.

Are representations part of a contract?

A representation is a statement which induces the contract but does not form part of it. If the representation was untrue at the time it was made, the injured party will be able to bring an action for misrepresentation.

What is a mere representation in contract?

mere representation. MERE (SIMPLE) REPRESENTATION. A representation that is not a term of the contract. A mere representation which is untrue is either a misrepresentation, or a mere misrepresentation.

Is a breach of a representation a breach of contract?

Representations straddle the line between contract and tort. Under contract law, a misrepresentation might prevent a contract from being formed, make a contract voidable, or provide grounds for reformation. However, an action for damages based on a misrepresentation is essentially a tort claim.

What is the difference between a representation and a term in a contract?

If the statement amounts to a term of the contract which is not fulfilled, the innocent party may sue for breach of contract. If the statement is merely a representation which turns out to be untrue, the innocent party may bring an action for misrepresentation.

Who can be legal representative?

” ‘legal representative’ means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the persons on whom the estate devolves on the death of the party so suing or sued.”

What are the different types of legal representation?

There are three ways that a person who is involved in proceedings in the Land and Environment Court can be represented in Court….They are:

  • Representing themselves;
  • Being represented by a lawyer (either a barrister or solicitor); or.
  • Being represented by an agent.

Are representations binding?

The law recognises many situations where a representation made by one party to another will become legally binding.

What happens if you breach a representation?

Under a claim for breach of representation, damages are assessed from the date the misrepresentation was made. This is usually an earlier date and so may give rise to a higher level of damages.

What is the role of a legal representative?

They must be able to sign job offers, labour contracts and have the power to register employees with Social Security as well as to be able to cancel the employee’s relationship with the company in the eyes of the authorities, including being able to sign settlements and redundancy packages.