misrepresentation

misrepresentation
An untrue statement of fact, made by one party to the other in the course of negotiating a contract, that induces the other party to enter into the contract. The person making the misrepresentation is called the representor, and the person to whom it is made is the representee. A false statement of law, opinion, or intention does not constitute a misrepresentation; nor does a statement of fact known by the representee to be untrue. Moreover, unless the representee relies on the statement so that it becomes an inducement (though not necessarily the only inducement) to enter into the contract, it is not a misrepresentation. The remedies for misrepresentation vary according to the degree of culpability of the representor. If guilty of fraudulent misrepresentation (i. e. if the truth of a statement is not honestly believed, which is not the same as saying that it is known to be false) the representee may, subject to certain limitations, set the contract aside and may also sue for damages If guilty of negligent misrepresentation (i. e. if the statement is believed without reasonable grounds for doing so) the representee may also rescind (see rescission) the contract and sue for damages. If the representor has committed merely an innocent misrepresentation (one reasonably believed to be true) the representee is restricted to rescinding the contract.

Big dictionary of business and management. 2014.

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  • misrepresentation — mis·rep·re·sen·ta·tion /mis ˌre pri ˌzen tā shən, zən / n: an intentionally or sometimes negligently false representation made verbally, by conduct, or sometimes by nondisclosure or concealment and often for the purpose of deceiving, defrauding,… …   Law dictionary

  • misrepresentation — mis‧rep‧re‧sen‧ta‧tion [ˌmɪsreprɪzenˈteɪʆn] noun [countable, uncountable] LAW the act of deliberately giving false information to someone, especially in order to persuade them to enter into a contract, or a statement giving false information; =… …   Financial and business terms

  • Misrepresentation — Mis*rep re*sen*ta tion, n. Untrue representation; false or incorrect statement or account; usually unfavorable to the thing represented; as, a misrepresentation of a person s motives. Sydney Smith. [1913 Webster] Note: In popular use, this word… …   The Collaborative International Dictionary of English

  • misrepresentation — To describe or present incorrectly, improperly or falsely. (Dictionary of Canadian Bankruptcy Terms) United Glossary of Bankruptcy Terms 2012 …   Glossary of Bankruptcy

  • misrepresentation — (n.) 1640s, from MIS (Cf. mis ) (1) + REPRESENTATION (Cf. representation) …   Etymology dictionary

  • misrepresentation — *lie, falsehood, untruth, fib, story Analogous words: dishonesty, deceitfulness, mendaciousness or men dacity (see corresponding adjectives at DISHONEST): sophistication, doctoring, loading, weighting, adulteration (see corresponding verbs at… …   New Dictionary of Synonyms

  • misrepresentation — [n] falsehood adulteration, coloring, distortion, exaggeration, fabrication, false light, falsification, lie, misstatement, mutilation, not a true picture*, slant, story*, stretch, tall story*, twist, untruth; concepts 63,580 …   New thesaurus

  • Misrepresentation — This article is about a legal term. For the sociological one, see Misrepresentation (sociology). Misrepresentation is a contract law concept. It means a false statement of fact made by one party to another party, which has the effect of inducing… …   Wikipedia

  • misrepresentation — See misrepresent. * * * In law, any false or misleading expression of fact, usually with the intent to deceive or defraud. It most commonly occurs in insurance and real estate contracts. False advertising may also constitute misrepresentation.… …   Universalium

  • Misrepresentation — A false statement of fact made by one party which affects the other party s decision in agreeing to a contract. If the misrepresentation is discovered, the contract can be later declared void and the situation remedied if the party who relied on… …   Investment dictionary

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