Misrepresentation and conduct

In discussions prior to the formation of a contract, representations may be made by the parties, which may or may not be incorporated as a term of the contract.

If a statement forms part of the contract then any breach of that term may give rise to an action by the innocent party. It would be actionable, because it is a breach of the contract.

Fraudulent a breach of the contract occurs when one mixes representation with intent to mislead, and with the knowledge that it is false. Fraudulent misrepresentation may be made recklessly. Innocent misrepresentation.