2. While evaluating the terms of the contract, it is significant consider the pre-contractualstatements made by the parties and also their post contractual conduct which may give rise torights and obligations that are in addition to, or independent from the terms determined by theparties to the contract. Generally a false pre-contractual will result in giving rise to the liability ofthe other party. In this context, the terms of the contract can be classified as express terms andimplied terms. Express terms are the ones that have been determined by the parties while inbringing to the contract. The law provides that whenever there is a breach of any term of thecontract, remedies may be available to the other party. In order to be considered as a term of thecontract, it should be the intention of the parties to consider the term as promissory in nature. Asis done by deciding the intention of the parties to create regulations, in this context also, theintention is determined objectively (Ellul & Ellul v Oakes, 1972). Therefore, it has to be seen,what would be thought by any reasonable person, to be the intention of the parties under thecircumstances. In the same way, a pre-contractual statement that amounts to a term may alsoconstitute a representation. There are certain cases, where it was not intended that therepresentation will be promissory in nature. And as a result, they do not amount to a term of thecontract. But in case, such representation is found to be false, the party to whom suchrepresentation has been made has some remedies provided by the common law or under statue.Under the common law, if a contract has been created as a result of a false representation, theparty to whom representation was made can rescind the contract (Atiyah, 2000). In the presentcase also, Samantha had made a statement to Peter according to which the chair providedexcellent back support. In this way, it can be said that Peter had entered into the contract after

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