Distinguish Terms From Mere Representations

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TERMS are part of the contract

These are so important that they form the reason why the promisee got into the contract

If you breach these - you breach the contract

If you're an expert then your statements are probably terms of the contract

Representations

These are simple inducements to get the other party to join the contract only

Breach these and you haven't breached the contract

These include verbal statements which were later omitted from the written contract

Also if there's a big time gap between the time the statement was made and the contract agreed - then it will probably be treated as a representation only and not a term

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