Term
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Definition
is a “false statement of fact that
persuades someone to enter into a contract” |
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Term
| Fraudulent Misrepresentation |
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Definition
when the person making the statement new it
was false |
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Term
| Negligent Misrepresentation |
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Definition
when the person should have known it was
false |
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Term
| Innocent Misrepresentation |
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Definition
| when the person did not know it was false |
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Term
| Plaintiff Must Establish: |
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Definition
The statement that forms the misrepresentation must be an
allegation of fact
Opinion is not a statement of fact, unless the person making the statement
is an expert
Silence (or non-disclosure) is not usually actionable as a
misrepresentation; however if you cover something up this may be
considered a misrepresentation.
The statement is false
That the false statement induced them into entering the contract |
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Term
| Action for Misrespresentation v. Action for Breach of Contract |
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Definition
An action for misrepresentation is different from an action for
breach of contract because, the statement is not usually included in
the contract, but rather is an inducement to enter into the contract. |
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