What is misrepresentation?

Misrepresentation is a type of lying or falsehood in which a person says or does something that would lead another person to believe something that is not "in accordance with the facts." It may be intentional or negligent, but forms an essential element of the crime and tort of fraud, if the misrepresentation is made with the intent that the other person would believe it and act accordingly.

There are cases where simply failing to answer, or failing to correct some material misunderstanding, could be ruled a misrepresentation. For example, a vendor knowingly sells rotten fruit to a customer without pointing out the mistake made by the customer in selecting the product from the display.