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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.

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16y ago
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10y ago

Fraud means a wrong or criminal deception with the intention of financial or personal gain.

Misrepresentation is giving false information or an intentionally misleading account of something.

The difference is fraud is intended financial or personal gain and misrepresentation is not.

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15y ago

IT IS A FALSE STATEMENT MADE BY ONE PARTY TO LEAD THE OTHER PARTY INTO CONTRACT.

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Q: What is misrepresentation?
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Related questions

Types of misrepresentation?

fraudulent misrepresentation. negligent misrepresentation. innocent misrepresentation.


Examples of misrepresentation of facts?

Examples of misrepresentation of facts Examples of misrepresentation of facts


Legal definition of misrepresentation?

misrepresentation


What is negligent misrepresentation?

Misrepresentation that is the result of careless statements made.


What is the difference between innocent misrepresentation and fraudulent misrepresentation?

the difference between fraudulent miisrepresentation and innocent misrepresentation is that innocent representation is when a statement is made with a genuine belief that it is true while fraudulent misrepresentation is a statement that is made with the knowledge that it is untrue or misleading.


How can misrepresentation affect a valid contract?

When someone is induced into entering into a contract as a result of a false statement.


What is the penalty for misrepresentation?

It depends on the type of misrepresentation: Innocent misrepresentation: rescission of contract and restitution if possible Negligent: rescission or possibly damages Fraudulent: damages and possibly action in tort law


What are elements of misrepresentation?

Misrepresentation must be something that induces an individual to enter into a contract which is false or not wholly true


What is the doctrine of misrepresentation?

A misrepresentation is an untrue statement of fact by one party which has induced the other to enter into the contract.


Under what circumstances is a contract deemed based on a fraudulent misrepresentation?

if the maker intended for the misrepresentation to induce the other party to enter the contract and if the misrepresentation would likely induce a reasonable person to so enter the contract


What is strategic misrepresentation?

Strategic misrepresentation is the planned, systematic distortion or misstatement of fact-lying-in response to incentives in the budget process.


What is an antonym for vignette?

misrepresentation.