Misrepresentation is the action of giving a false or misleading account of something, leading others to have an incorrect understanding or perception. It involves intentionally or unintentionally providing inaccurate information that can impact decision-making or relationships. Misrepresentation can occur in various contexts, such as legal agreements, advertising, or personal communication.
The presentation of information in an inaccurate or misleading manner.
When two or more persons agree upon the same thing in the same sense, there is said to be contract, according to section 13, Indian Contract Act. Consent is considered valid, only when it is a free consent. there is said to be free consent, when such consent has been obtained by means of fraud, coercion, undue influence, mistake and/or misrepresentation. (S.14 of Indian Contract Act, 1874) When consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused. A party to contract, whose consent was caused by fraud or mispresentation, may, if he thinks fit, insist that the contract shall be performed, and that he shall be put on the position in which he would have been if the representations made had been true. Exception : If such consent was caused by misrepreentation or by silence, fraudulent within the meaning of section 17, the contract, neverthless, is not voidable, if the party whose consent was so caused had the means of discovering the truth with ordinary diligence. Explanation : A fraud or misrepresentation which did not cause the consent to a contract of the party on whom such fraud was practised, or to whom such misrepresentation was made, does not render a contract voidable. [privity of contract]