Misrepresentation

Misrepresentation in United States

Misrepresentation Definition

The assertion of that which is not true. The nature of misrepresentations to entitle a party injured thereby varies with the nature of the relief sought, but in general the misrepresentation for which relief will be granted must be a vrillfuUy false statement respecting a matter of fact (not of law or opinion), which was reasonably calculated to mislead the party to his prejudice in respect to the business in hand, and which did actually have that effect. [1]

Misrepresentation and Nondisclosure

Misrepresentation in Automobile Sales

This section examines the Misrepresentation in Automobile Sales subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

Misrepresentation (Causes of Action)

This section introduces, discusses and describes the basics of misrepresentation. Then, cross references and a brief overview about Causes of Action is provided. Finally, the subject of Franchises in relation with misrepresentation is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Misrepresentation (Causes of Action)

This section introduces, discusses and describes the basics of misrepresentation. Then, cross references and a brief overview about Causes of Action is provided. Finally, the subject of Distributorships in relation with misrepresentation is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Resources

Notes

1. This definition of Misrepresentation Is based on the The Cyclopedic Law Dictionary .

See Also

Consumer Protection; Product Liability; Sales Law; Tort Law.

Further Reading (Articles)

Misrepresentations in A Private Placement Offering Memoranda in Canada, Mondaq Business Briefing; March 7, 2014; Koscak, Brian

Contractual Misrepresentation Under UAE Law., Mondaq Business Briefing; April 11, 2011

Prevalence and Types of Misrepresentation of Publication Record by Pathology Residency Applicants, Archives of Pathology & Laboratory Medicine; July 1, 2013; Kaley, Jennifer Raible Bornhorst, Joshua Wiggins, Michael Yared, Marwan

IMMIGRATION CORNER: All misrepresentations may result in automatic denial, Filipino Reporter; September 19, 2002; Gurfinkel, Michael J.

The Consequences of Making a Misrepresentation, Mondaq Business Briefing; June 11, 2010

Strategies for defeating the material misrepresentation defense in insurance actions: a plaintiff’s perspective.(Florida), Florida Bar Journal; April 1, 2003; Giulianti, Stacey A.

Forecasts Subject to Part XXIII.1 Claims, but Common Law Misrepresentation Found Not to Be Preferable Procedure, Mondaq Business Briefing; March 4, 2014; Tenai, Steve

International Supply Contracts And Exclusion/Limitation Of Liability For Misrepresentation., Mondaq Business Briefing; May 18, 2009

Misrepresentation Claims Certified in Second Case Granting Leave Under Part XXIII.1 of the Ontario Securities Act., Mondaq Business Briefing; March 30, 2011

Misrepresentations In Insurance Applications: How To Avoid Them And How To Minimize Consequences When They Happen., Mondaq Business Briefing; April 1, 2010; Hardiman, Alex

Skating on thin ice: misrepresentation is not insured because it is not an ‘accident.’.(Regulatory/Law: Legal Insight), Best’s Review; May 1, 2009; Rutkin, Alan S.

Misrepresentation: Is It as Easy as You May Think to Establish?, Mondaq Business Briefing; September 18, 2012

Green V. CIBC: Court of Appeal Revisits Limitation Period for Secondary Market Securities Class Actions and Limits Common Law Negligent Misrepresentation Class Actions, Mondaq Business Briefing; February 12, 2014; Fleming, Matthew

The misrepresentation defense in life and disability insurance cases: The issue of causation, FDCC Quarterly; January 1, 2002; Sentell, C Edgar

Financial Misrepresentation and Its Impact on Rivals, Financial Management; December 22, 2012; Goldman, Eitan Peyer, Urs Stefanescu, Irina

“Best knowledge and belief”.(insureds’ misrepresentations in medical insurance applications and denial of coverage)(Florida), Florida Bar Journal; April 1, 1999; Hart, Jerold

Remedies for Misrepresentation in Applications in the Presence of Fraudulent Intent, Atlantic Economic Journal; June 1, 2001; North, Charles M.

How To Protect Your Franchise Business From Misrepresentation Claims., Mondaq Business Briefing; April 4, 2012

Misrepresentations In Advertising Material For The Proposed Sale Of Land: Some Lessons From A Recent Case., Mondaq Business Briefing; August 27, 2010; Mann, Greg

Entire agreement clauses in construction contracts – Implied terms and misrepresentations., Mondaq Business Briefing; December 23, 2011

Misrepresentation meaning

See deceit


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