What Do You Mean By Misrepresentation?

What are the elements of misrepresentation?

The Elements of Fraudulent MisrepresentationA representation was made (in contract law, a representation is any action or conduct that can be turned into a statement of fact).The representation was false.The representation, when made, was either known to be false or made recklessly without knowledge of its truth.More items…•.

What is the punishment for misrepresentation?

Any claimant or representative of a claimant who knowingly and willfully makes a false statement or representation for the purpose of obtaining a benefit or payment under this chapter shall be guilty of a felony, and on conviction thereof shall be punished by a fine not to exceed $10,000, by imprisonment not to exceed …

How do you prove misrepresentation?

To prove fraudulent misrepresentation has occurred, six conditions must be met.A representation was made. … The claim was false. … The claim was known to be false. … The plaintiff relied on the information. … Made with the intention of influencing the plaintiff. … The plaintiff suffered a material loss.

What are the requirements of misrepresentation?

THE MISREPRESENTATION MUST HAVE INDUCED THE CONTRACT The false statement must have induced the representee to enter into the contract. The requirements here are that (a) the misrepresentation must be material and (b) it must have been relied on.

How do you prove negligent misrepresentation?

How to Prove Negligent Misrepresentation?The defendant made a statement of fact while trying to induce the plaintiff to enter into a contract or a business transaction;The statement of fact was false and the defendant did not exercise reasonable care and was careless when acquiring and communicating the information;More items…•

What is another word for misrepresentation?

In this page you can discover 64 synonyms, antonyms, idiomatic expressions, and related words for misrepresentation, like: counterfeit, simulation, canard, untruth, mask, cloak, deceit, dissembling, disguise, misstatement and distortion.

What are some examples of misrepresentation?

In a fraudulent misrepresentation, a party makes a false claim regarding a contract or transaction but knows it isn’t true. For example, if a person is selling a car and knows there is a problem with the transmission, yet advertises it in perfect mechanical condition, they have committed fraudulent misrepresentation.

How do you deal with misrepresentation?

The remedies for misrepresentation are rescission and/or damages. For fraudulent and negligent misrepresentation, the claimant may claim rescission and damages.

What is positive misrepresentation?

1) A false material misrepresentation, 2) Made as a positive assertion which is either known to be false or is made recklessly without knowledge of the truth, 3) With the intention that it be acted upon, and 4 ) Which is relied on by the other party to his (or her) own detriment.

What is the remedy for innocent misrepresentation?

If a misrepresentation is negligent or innocent, the court has the discretion to award rescission or damages in lieu of rescission under s2(2) of the Act.

Is misrepresentation a lie?

A misrepresentation is when you misrepresent, or lie about, something that happened. … A misrepresentation is a misstatement of the facts. It’s more than casting a different light on something; it’s deceptive and untrue.

What are the 3 types of misrepresentation?

Misrepresentation applies only to statements of fact, not to opinions or predictions. There are three types of misrepresentations—innocent misrepresentation, negligent misrepresentation, and fraudulent misrepresentation—all of which have varying remedies.

Is misrepresentation a criminal Offence?

A single act of fraud can be prosecuted as a criminal fraud by prosecutors, and also as a civil action by the party that was the victim of the misrepresentation. … Misrepresentation of a material fact. Knowledge on the part of the accused that they were misrepresenting the fact.