What Is a Misrepresentation?A misrepresentation is a false statement of a material fact made by one party which affects the other party's decision in agreeing to a contract. Show
If the misrepresentation is discovered, the contract can be declared void. Depending on the situation, the adversely impacted party may seek damages. In this type of contract dispute, the party that is accused of making the misrepresentation is the defendant, and the party making the claim is the plaintiff. Key Takeaways
How Misrepresentation WorksMisrepresentation applies only to statements of fact, not to opinions or predictions. Misrepresentation is a basis for contract breach in transactions, no matter the size. A seller of a car in a private transaction could misrepresent the number of miles to a prospective buyer, which could cause the person to purchase the car. If the buyer later finds out that the car had much more wear and tear than represented, they can file a suit against the seller. In higher stakes situations, a misrepresentation can be considered an event of default by a lender, for instance, in a credit agreement. Meanwhile, misrepresentations can be grounds for termination of a mergers and acquisitions (M&A) deal, in which case a substantial break fee could apply. Special ConsiderationsIn some situations, such as where a fiduciary relationship is involved, misrepresentation can occur by omission. That is, misrepresentation may occur when a fiduciary fails to disclose material facts of which they have knowledge. A duty also exists to correct any statements of fact that later become known to be untrue. In this case, the failure to correct a previous false statement would be a misrepresentation. Types of MisrepresentationsThere are three types of misrepresentations.
Conditions to Prove MisrepresentationIn order to recover damages due to misrepresentation, there are six legal bars for the plaintiff to overcome. The plaintiff must be able to show that:
All six of these requirements must be met in order for a plaintiff to win a case for misrepresentation. A defendant in one of these cases need not disprove all six of these claims. Example of MisrepresentationIn 2022, Tesla CEO Elon Musk offered to purchase Twitter for $43 billion, an offer which the company at first resisted and then accepted. A few weeks later, and after a substantial fall in Twitter' share price, Musk attempted to back out of the deal, claiming that Twitter had misrepresented the number of human users on the platform. According to his termination letter, Musk alleged that Twitter had knowingly misrepresented the number of live users on its platform, and that he had relied on those false representations when he made his takeover offer. In
response, Twitter claimed that Musk's allegations were "factually inaccurate" and that the billionaire was simply trying to back out of the merger that he himself had initiated. What Is a Material Misrepresentation?A material misrepresentation is a promise, false statement, or omission of facts that would cause another party to act differently if the whole truth were known. An example of a material misrepresentation is incorrectly stating one's income on a mortgage application or omitting key risk factors on an application for insurance coverage. What Is Misrepresentation in Insurance?In insurance, a misrepresentation is a lie or concealment of facts that can void an insurance contract if the insurer discovers the misrepresentation. For example, if a homeowner installs a pool but tells their insurer that they do not have a pool, the insurer may be able to void the policy if they discover the misrepresentation. What Is Misrepresentation in Real Estate?In real estate, misrepresentation is a lie or reckless untruth that affects the market value of a home or property. A common example of this is misrepresenting the square footage of a property. Since sales prices are often based on square footage, a buyer can often sue for misrepresentation even after a purchase is finalized. The Bottom Line Misrepresentation is a legal term for any type of falsehood or omission of fact that affects the behavior of a contractor or other party. Contrary to popular belief, misrepresentation does not just mean deliberate lies—it can also include accidental omissions or reckless statements without certainty of the facts. Which of the following constitutes duress?Duress describes the act of using force, false imprisonment, coercion, threats, or psychological pressure to compel someone to act contrary to their wishes or interests.
What is physical duress?Physical Duress
The essence of this type of duress is that a party is compelled by physical force to do an act that he has no intention of doing. He is, it is sometimes said, 'a mere mechanical instrument.
What is mutual mistake?A mutual mistake occurs when the parties to a contract are both mistaken about the same material fact within their contract. They are at cross-purposes. There is a meeting of the minds, but the parties are mistaken.
Which of the following occurs if a person is deceived as to the nature of his or her act and does not know what he or she is signing?Fraud in the inception, or fraud in the factum, occurs if a person is deceived as to the nature of his or her act and does not know what he or she is signing.
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