Jurisdiction(s):
United Kingdom

Key definition

Representation definition

What does Representation mean? A representation is a pre‑contractual statement of existing fact or law made to persuade the other party to enter a contract; it is not, without more, a contractual term. If false, it may amount to misrepresentation, giving remedies such as rescission and/or damages. Liability turns on type: fraudulent misrepresentation (tort of deceit; in Scotland, delict), negligent misrepresentation (including statutory negligence in England & Wales under the Misrepresentation Act 1967 and similar provision in Northern Ireland; in Scotland and Ireland, principally common law/negligent misstatement), and innocent misrepresentation (with the court’s discretion to award damages in lieu of rescission). Inducement and reliance are...

Pre-contractual statements in employment: representations vs terms, misrepresentation (fraudulent/negligent/innocent), warranties/conditions/innominate terms, remedies (damages vs rescission), negligent misstatement, and tribunal jurisdiction

Published by a LexisNexis Employment expert

Practice notes

This Practice Note outlines the legal principles governing statements made by parties during recruitment or whilst negotiating an employment Contract, executive service agreement or other contractual arrangement, such as claims about qualifications on a curriculum vitae (CV). It explains the nature and legal effect of a Representation, distinguishing fraudulent, negligent and innocent Misrepresentation. It also addresses warranties, conditions, and innominate or intermediate terms. The Note differentiates Representations from contractual terms, particularly in relation to available remedies, including damages and rescission, and also covers negligent misstatement.

Representations

Before an employment relationship is formed, parties typically discuss the role, the employer’s business, and the candidate’s skills and experience. Where, in the course of those discussions, one party makes a factual assertion on which the other relies when deciding to enter the contract, that statement is a representation.

a statement of fact
made by one party to the other
which induces the other to enter the contract

For instance, an applicant may submit a CV setting out a degree result...

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Web page updated on 21/05/2026

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