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Topic: Misrepresentation

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	Misrepresentation - Wikipedia, the free encyclopedia
		In contract law, a misrepresentation is a false statement of fact made by one party to another party and has the effect of inducing that party into the contract.
		This class of misrepresentation is relatively new and was introduced in order to allow for a remedy of damages in situations where neither a collateral contract nor fraud could be found.
		In cases of negligent misrepresentation, a claim for damages may be made either in the tort of negligence or under s.
	en.wikipedia.org /wiki/Misrepresentation (986 words)

	Dazed Misrepresentation (Site not responding. Last check: 2007-11-04)
		A misrepresentation is material if it would be likely to induce a reasonable person to manifest his assent, of if the maker knows that it would be likely to induce the recipient to do so.
		As in the case of misrepresentation, the party entitled to avoid for mistake may be barred by failing to act within a reasonable length of time after that party is or ought to be aware of the facts.
		The power of a party t o avoid a contract for misrepresentation or mistake is lost if after he knows of a fraudulent misrepresentation or mistake he does not within a reasonable time manifest to the other party his intention to avoid it.
	www.law.washington.edu /courses/ramasastry/A501C/dazed/Dazed_Misrepresentation.html (1736 words)

	THE MISREPRESENTATION DEFENSE IN LIFE AND DISABILITY INSURANCE CASES:
		The court held that the insurer was not under an obligation to show it had relied on the misrepresentations contained in the application because this was a situation in which the misrepresentation unquestionably affected the “hazard assumed” by an insurer, since the insured’s heart ailments led to his death.
		No oral or written misrepresentation or warranty made in the negotiation for a contract or policy of insurance by the insured, or in his behalf, shall be deemed material or defeat or avoid the policy, or prevent its attaching, unless such misrepresentation or warranty deceived the company to its injury.
		The insurer relies on the misrepresentation or affirmative warranty and the misrepresentation or affirmative warranty is either material or made with intent to deceive.
	www.thefederation.org /documents/Sentell-W02.htm (7736 words)

	Contract Law, Part 5: Mistake, Rectification & Misrepresentation
		In this case, the Alberta court of appeal "was not satisfied beyond a reasonable doubt that the agreement alleged by the plaintiff was entered into orally by the parties." Rectification usually results from a common mistake (when parties share the same mistaken belief in some important element of the contract).
		Misrepresentation is when one of the parties to a contract made a wrong statement about some material element of the contract and, because of this statement, the other party entered into the contract.
		Nor will a misrepresentation on the law be a cause for judicial intervention under this heading, and for the same reasons as given above: everyone is presumed to know the law.
	www.duhaime.org /contract/ca-con5.aspx (3250 words)

	Mistake (Site not responding. Last check: 2007-11-04)
		Justifiable reliance upon a misrepresentation, or upon beliefs uncorrected because of concealment or non-disclosure, may in some cases permit the party who is misled to escape the contract.
		Misrepresentation (or concealment) intended to induce assent of the other party is fraudulent when the party making the representation (or concealing a fact) intends the representation to induce assent by the other party and knows the representation to be untrue (or the concealed fact to be true).
		This is a misrepresentation of intention rather than a misrepresentation of facts and is sometimes referred to as promissory fraud.
	www.scu.edu /law/FacWebPage/Neustadter/e-books/abridgedcontracts/main/commentary/MistakeMisrepDuress.html (2245 words)

	[No title]
		A "misrepresentation" is an assertion by either words or conduct that is not in accord with the facts.
		A misrepresentation is "material" either if it is something a reasonable person would attach importance to in making his or her choice of action or if plaintiff [defendant] knew the misrepresentation was likely to induce the defendant [plaintiff] to enter into the agreement.
		In such circumstances, a misrepresentation is material if the maker knows that the misrepresentation is likely to induce the particular recipient to manifest his or her assent.
	www.state.ak.us /local/akpages/COURTS/insciv/24.08E.doc (895 words)

	Results in
		In most cases, the issue of misrepresentation in the application arises after the beneficiary acquires the automatic sympathy created by death or disability.
		One of the most litigated issues in life and health insurance continues to be whether there was a misrepresentation in the application for insurance entitling the insurer to avoid paying the contracted benefits.
		These rules have typically been formulated in terms of whether the misrepresentation was "material." In some states, the insurance company's right to defend or rescind is further limited by an additional requirement that the matter misrepresented actually contributed to the loss, contingency, event or hazard for which the claim is made.
	www.findarticles.com /p/articles/mi_qa4023/is_200201/ai_n9062555 (374 words)

	Misrepresentation
		A misrepresentation is a materially inaccurate statement of facts made prior to the contract being configured; statement of honest opinion; statements of intention and exaggerative languages used in advertising are not generally regarded as misrepresentation.
		However innocent misrepresentation is not a civil wrong it does not rise to an action for damages.
		Unlike innocent misrepresentation if an error occurs and is found to be deliberate misrepresentation then this is classed as a fraudulent act, which is a civil wrong.
	www.fortunecity.com /meltingpot/partridge/9/law/id23.htm (529 words)

	SSRN-Defective Products and Fraud and Misrepresentation Claims in Minnesota by J. Prince (Site not responding. Last check: 2007-11-04)
		Intentional misrepresentation, often called fraud or fraudulent misrepresentation or deceit, is an intentional tort requiring a showing that the defendant knowingly misrepresented the truth.
		Reckless misrepresentation - confusingly, also sometimes called intentional misrepresentation - occurs when the defendant is conscious that she doesn't know whether her assertions are true or false.
		In Minnesota, damages for misrepresentation are generally measured by the out-of-pocket rule under which the plaintiff may recover only what he has lost, not the benefit of what he was promised.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=814625 (612 words)

	MISREPRESENTATION (Site not responding. Last check: 2007-11-04)
		Misrepresentation is a charge which can be made where there are merely misunderstandings or mis-communications.
		For Negligent Misrepresentation you may have either a false statement which the speaker should have known wasn’t true, or a false statement that there was a reason to believe was false, but the Realtor didn’t try to find out if it was true or false.
		If the negligent misrepresentation is alleged in a court of law, the standard you would be measured against is the standard of care taken by other Realtors who sell real property in the same area that you do.
	www.pnwtor.com /pnwtor/misrepresentation.htm (4406 words)

	Realty Times: The Art of Avoiding Misrepresentation
		The word "misrepresentation" has become almost generic, and is used to describe almost anything the other agent did, that you didn't approve of.
		However, it must be borne in mind that the term "misrepresentation" is a legal "term of art" and has a very specific definition.
		Similarly, one can make a misrepresentation by stating something that may technically be true, but which is said in a way which is false or misleading.
	realtytimes.com /rtnews/printrtpages/19990803_misrep.htm (855 words)

	Legal Ethics: Misrepresentation by an Attorney Employed by a Government Agency as Part of Official Duties (Site not responding. Last check: 2007-11-04)
		The prohibition on misrepresentation would, therefore, facially apply to attorneys conducting certain activities that are part of their official duties as officers or employees of the United States when the attorneys are employed in an intelligence or national security capacity.
		Given this understanding of Rule 8.4, in our judgment the category of conduct proscribed by the Rule does not include misrepresentations made in the course of official conduct as an employee of an agency of the United States if the attorney reasonably believes that the conduct in question is authorized by law.
		It applies only to misrepresentations made in the course of official conduct when the employee (while acting in a non-representational capacity …), reasonably believes that applicable law authorizes the misrepresentations.
	www.dcbar.org /for_lawyers/washington_lawyer/may_2004/ethics.cfm (1200 words)

	Texas Lawyer Liability for Negligent Misrepresentation to Nonclients (2002)
		Under the tort of negligent misrepresentation, liability is not based on the breach of duty a professional owes his or her clients or others in privity, but on an independent duty to the nonclient based on the professional’s manifest awareness of the nonclient’s reliance on the misrepresentation and the professional’s intention
		holding that a negligent misrepresentation claim is not the equivalent of a legal malpractice claim and is not barred by the privity rule.
		McCamish the alleged misrepresentation was made in the context of settlement of litigation.
	www.youknowitall.com /22TXMisrepresentation/TXMisrepresentation22.htm (4739 words)

	Negligent Misrepresentation: Don’t Speak Foolishly (Site not responding. Last check: 2007-11-04)
		The tort is called negligent misrepresentation and it is a close relative of its much-more-difficult-to-prove cousin, fraud.
		A negligent misrepresentation must actually be false, and a plaintiff must prove by clear, cogent, and convincing evidence that the defendant made a false statement.3 Most often, a negligent misrepresentation is the result of a defendant misrepresenting actual facts.
		Negligent misrepresentation is not meant to punish people for statements made to their friends, family, or casual acquaintances.
	www.kcba.org /barbulletin/0504/article13.html (1126 words)

	BPG Misrepresentation -- 505. Willfulness of False Statement or Nondisclosure (Site not responding. Last check: 2007-11-04)
		RCW 50.20.070 does not contain an element of "willfulness" but deals with misrepresentation of material facts made with "knowledge".
		If the misrepresentation involves some fact(s) clearly in the realm of the claimant's knowledge such as unreported work or wages, and if the claimant knew of the duty to inform the department, a nondisclosure is held to have occurred knowingly.
		A misrepresentation is also considered to have been made knowingly if a statement was made and the claimant had no knowledge of the truth or falsity of the statement.
	www.wa.gov /esd/ui/resources/bpg/mr/bpgmr505.htm (390 words)

	Misrepresentation and Referential Confusion (Site not responding. Last check: 2007-11-04)
		If understanding misrepresentation, in addition to any referential confusion problems, is what makes the false belief task difficult for young children, then directing children's attention to the believer will not alleviate that difficulty.
		An alternative, but in our view less convincing, explanation for the ineffectiveness of directing attention in the belief task is that beliefs, unlike photos, are intangible and abstract entities which are not seen as located in the believer.
		The false belief task assesses children's understanding of misrepresentation (understanding that something is about a situation external to itself and misrepresents that situation) while the problem in the photo task consists of referential confusion created through multiple contexts involving the same entities.
	cogprints.org /708/00/perner_misref.html (7910 words)

	Nature, Representation, and Misrepresentation
		They know it is a form of misrepresentation, not intended to be taken for what it imitates.
		Once again, all of these possibilities are programmed into the animals, although the actual behaviors involve complex perceptions and reactions, in which the animal's behavior is an act of coordination between responses to urges and to perceptions.
		In effect, humanity evolved its own, symbolically rich, forms of play, creating representations based on both the world and imagination, and creating misrepresentations that appeared to be what they imitated, but only to heighten the aesthetic experience.
	www.transparencynow.com /history.htm (2395 words)

	LEGAL STRATEGIES TO ADDRESS THE MISREPRESENTATION OF VERMONT MAPLE SYRUP
		To address and prevent misrepresentation of Vermont maple syrup and throughout the food industry, several legal strategies should be pursued.
		In addition to misrepresentation of place of origin, FDA has long sought to prevent misrepresentation of the purity and quality, or the "economic adulteration," of food.
		Among the misrepresentations of this type are those involving "unqualified origin claims," where a product is described using the word "Vermont" without any reference (or qualification) as to how the product is connected to Vermont-for example, "Vermont cheese," or "Vermont jam."[257] See CF 120.01(m).
	leda.law.harvard.edu /leda/data/605/Gold_au_redacted.html (15281 words)

	Essay or Coursework : Misrepresentation and Breach of Contract
		The distinctions between the two legal issues of misrepresentation and breach of contract are dependant on whether the pre-contractual statement was made on the basis of a representation, or on a promise or obligation to be fulfilled.
		A breach of contract would put the claimant back into the position had there not been a breach, and any damages would put the claimant where he/she would had expected to be in.
		However, if there is an actionable misrepresentation, the claimant would be returned to the position had there not been a misrepresentation, thus being compensated prior to the misrepresentation, i.e.
	www.coursework.info /i/360.html (324 words)

	Misrepresentation Act 1972 [Act] (Site not responding. Last check: 2007-11-04)
		An Act to provide criminal sanctions against misrepresentation in certain commercial transactions; to expand the remedies available at common law and in equity for misrepresentation; and for other purposes.
		(1) Where, in the course of a trade or business, a misrepresentation is made by the person by whom the trade or business is conducted, a person duly authorised to act on his or her behalf, or a person acting in the course of his or her employment—
		This Part does not apply in relation to a misrepresentation, or a contract, made before the commencement of this Act.
	www.parliament.sa.gov.au /Catalog/legislation/Acts/M/1972.46.htm (1195 words)

	Edward Pechter: Response to Peter Hulme: "Misrepresentation, Ego, Nostalgia: Misreading 'Misreading the ...
		Misrepresentation is never excusable (my turn for blustery italics now, and I'll return to this point).
		He returns emphatically to this idea in his final words: for "our discussions to be fruitful we must read and quote and paraphrase the words of others with due care and, if we don't, we deserve to have our readings of literary texts taken with less seriousness" (53).
		Hulme has already established the general theme of misrepresentation, and although the benign and "clearly unavoidable" (6) form illustrated here contrasts with the gratuitous malice discussed elsewhere, the idea could be put on the table much more economically without the illustration.
	emc.eserver.org /1-3/pechter_response.html (8126 words)

	Business Torts: Misrepresentation, Contract Interference, and Unfair Competition
		Fraudulent misrepresentation, known also as fraud or deceit, protects economic interests and the right to fair and honest treatment.
		For a fraud claim, a plaintiff must establish that the defendant intentionally misrepresented a material fact and the plaintiff relied on and was harmed by the misrepresentation.
		For example, if a business submits materially misleading financial statements to a bank in an attempt to secure a loan and the bank, relying on such statements, lends money to the business, the bank will have a fraud claim against the business if the business later defaults on the loan.
	www.inc.com /articles/1999/11/15387.html (410 words)

	Tennessee Business Litigation Law Blog: Misrepresentation
		This opinion from the Tennessee Court of Appeals is a good one to have handy for beating a motion for summary judgment against a plaintiff's claim of misrepresentation.
		Second, a party is not justified in relying on a speaker’s representation that concerns a future action of a third party that is outside of the speaker’s control.
		To prevail on a claim of negligent misrepresentation, a plaintiff must prove that the defendant made “a statement of material past or present fact.” Look to Naifeh v.
	www.tnbusinesslitigation.com /cat-misrepresentation.html (852 words)

	Misrepresentation of Academic Accomplishments by Applicants for Gastroenterology Fellowships -- Glick 124 (4): 457 -- ...
		Misrepresentation of Academic Accomplishments by Applicants for Gastroenterology Fellowships -- Glick 124 (4): 457 -- Annals of Internal Medicine
		Otherwise, the 30.2% figure for misrepresentation may be permanently
		Misrepresentation of academic accomplishments by applicants for gastroenterology fellowships.
	www.annals.org /cgi/content/full/124/4/457 (297 words)

	Idols & Icons: The Misrepresentation of Hinduism in the press (Site not responding. Last check: 2007-11-04)
		idols and Icons: The Misrepresentation of Hinduism in the Press By David Frawley (Vamadeva Shastri) There are a number of terms that are applied to Hinduism in the Press, not only in the West but in India itself, which foster a negative image of it.
		Hindus are routinely called worshippers of idols, polytheists, and various other denigrating stereotypes, which do not reflect any intelligent examination of the religion itself but what is often an intentional campaign of misrepresentation and distortion.
		All the religions of the world - with the general exception of Protestant Christians, Muslims and Jews - use some sort of images or statues in their religious worship.
	www.hindunet.org /alt_hindu_home/1994/msg00024.html (803 words)

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