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Distinction between terms and misrepresentations lies in the remedies available for their breach. If a statement is a term of the contract, damages may be claimed and there may also be the right to terminate the performance of the contract. The more imprecise the statement, the less likely it is to be a term.
Distinction between terms and misrepresentations lies in the remedies available for their breach. If a statement is a term of the contract, damages may be claimed and there may also be the r…