misrepresentation


misrepresentation

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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. Any contract that contains or constitutes a misrepresentation is usually rendered void, and the injured party may insist that the misrepresentation be made good.

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law
      in law, any representation by words or other means made by one person to another that, under the circumstances, amounts to an assertion not in accordance with the facts. A misrepresentation is an assertion not in accord with the facts that is made with the intent to mislead or deceive; as such it can constitute fraud (q.v.).

      Misrepresentation most commonly occurs in insurance and real-estate contracts; in such cases, a false statement regarding a matter of fact may be material to the contract and even influential in producing it. In many such cases, the injured party relies upon the false statement because it is the business of the other party to know all of the facts pertaining to it.

      When a person has been induced to enter into a contract by misrepresentation, the contract is usually rendered void and the representee may even recover damages. In some jurisdictions, the representee may affirm the contract and insist that the misrepresentation be made good. The injured party in any case avoids contractual liability, either by instituting an action to rescind the contract or by using the misrepresentation as a defense in the event that he is sued for failure to perform his side of the contract.

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Universalium. 2010.

Synonyms:

Look at other dictionaries:

  • 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 — 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… …   Big dictionary of business and management

  • 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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