LAW 321 Lecture Notes - Lecture 4: Promissory Note, Lady Gaga, Expectation Damages
5 Mar 2018
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Contractual obligations cannot be imposed on anyone who is not a party to a contract. Contractual benefits cannot be received, with exceptions, by anyone not a party to a contract. In general, with exceptions, only someone who has provided consideration can sue or be sued on a contract. Class 4 scenario 1 (dunlop pneumatic tyre co. ltd. v. selfridge & co. ltd. , [1915] ukhl) A misrepresentation is a false pre-contractual statement: it is an incorrect statement of fact when made, and which the other party relied upon, if only in part, in entering into the contract. The possible legal consequence of a misrepresentation is not a breach of contract but the commission of a tort. By contrast, a contractual statement or term is a promise of future performance: a breach of a contractual term can arise if the promise of future performance is not fulfilled. Not every incorrect pre-contractual statement is a misrepresentation.
