It is important to distinguish between representations and terms because:

Question

BlackTom AI · Accepted Answer

Here is a careful check of each statement in light of why distinguishing representations from terms matters in contract analysis.
Option a: There is no remedy for misrepresentation. This is inaccurate because misrepresentation can give rise to remedies such as rescission and, in cases of fraud or negligent misrepresentation, damages. The distinction between representations and terms influences what remedies apply, not an absolute absence of remedies.
Option b: The remedy of rescission is not available for misrepresentation. In fact, rescission is a classic remedy for misrepresentation, whether it is innocent, negligent, or fraudulent, provided the misrepresentation is material and the party seeking rescission has not affirmed the contract or otherwise waived the right. Therefore this statement is incorrect.
Option c: Damages cannot be awarded for misrepresentation. This blanket statement is too broad and misleading. While innocent misrepresentation typically does not support damages in many jurisdictions (only rescission or possibly damages under specific statutory regimes or for negligent/fraudulent misrepresentation), fraud and negligent misrepresentation do support damages in many legal systems. So claiming there are no damages at all is wrong.
Option d: Damages can only be awarded for fraudulent or negligent misrepresentation. This option captures a key nuance: damages are typically available where the misrepresentation is fraudulent (deliberate falsehood) or negligent (carelessness leading to false statements), whereas innocent misrepresentation generally leads to rescission as the primary remedy (and damages may be unavailable unless a specific rule or statute applies). Recognizing this distinction explains why damages are not available for all misrepresentations, only for the more culpable types. This makes this option the most accurate statement among the choices.

Dashboard Assessment 2 - Online Quiz

It is important to distinguish between representations and terms because:

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