- A false statement of fact made by one party which affects the other party's decision in agreeing to a contract. If the misrepresentation is discovered, the contract can be later declared void and the situation remedied if the party who relied on the misrepresented fact files suit. For this reason, it is important to be accurate when disclosing facts relevant to a contract negotiation.
Misrepresentation generally applies only to statements of fact, not to opinions or predictions. In some situations, such as where a fiduciary relationship is involved, misrepresentation can occur by omission. That is, misrepresentation may occur where a fiduciary fails to disclose material facts of which he or she has knowledge. A duty also exists to correct any statements of fact which later become known to be untrue. In this case, failure to correct a previous false statement would be misrepresentation.
Investment dictionary. Academic. 2012.
Look at other dictionaries:
misrepresentation — mis·rep·re·sen·ta·tion /mis ˌre pri ˌzen tā shən, zən / n: an intentionally or sometimes negligently false representation made verbally, by conduct, or sometimes by nondisclosure or concealment and often for the purpose of deceiving, defrauding,… … Law dictionary
misrepresentation — mis‧rep‧re‧sen‧ta‧tion [ˌmɪsreprɪzenˈteɪʆn] noun [countable, uncountable] LAW the act of deliberately giving false information to someone, especially in order to persuade them to enter into a contract, or a statement giving false information; =… … Financial and business terms
Misrepresentation — Mis*rep re*sen*ta tion, n. Untrue representation; false or incorrect statement or account; usually unfavorable to the thing represented; as, a misrepresentation of a person s motives. Sydney Smith. [1913 Webster] Note: In popular use, this word… … The Collaborative International Dictionary of English
misrepresentation — To describe or present incorrectly, improperly or falsely. (Dictionary of Canadian Bankruptcy Terms) United Glossary of Bankruptcy Terms 2012 … Glossary of Bankruptcy
misrepresentation — (n.) 1640s, from MIS (Cf. mis ) (1) + REPRESENTATION (Cf. representation) … Etymology dictionary
misrepresentation — *lie, falsehood, untruth, fib, story Analogous words: dishonesty, deceitfulness, mendaciousness or men dacity (see corresponding adjectives at DISHONEST): sophistication, doctoring, loading, weighting, adulteration (see corresponding verbs at… … New Dictionary of Synonyms
misrepresentation — [n] falsehood adulteration, coloring, distortion, exaggeration, fabrication, false light, falsification, lie, misstatement, mutilation, not a true picture*, slant, story*, stretch, tall story*, twist, untruth; concepts 63,580 … New thesaurus
Misrepresentation — This article is about a legal term. For the sociological one, see Misrepresentation (sociology). Misrepresentation is a contract law concept. It means a false statement of fact made by one party to another party, which has the effect of inducing… … Wikipedia
misrepresentation — See misrepresent. * * * In law, any false or misleading expression of fact, usually with the intent to deceive or defraud. It most commonly occurs in insurance and real estate contracts. False advertising may also constitute misrepresentation.… … Universalium
misrepresentation — An untrue statement of fact, made by one party to the other in the course of negotiating a contract, that induces the other party to enter into the contract. The person making the misrepresentation is called the representor, and the person to… … Big dictionary of business and management