MISREPRESENTATION

in law, any representation by words or other means made by one person to another that, under the circumstances, amounts to an assertion not in accordance with the facts. A misrepresentation is an assertion not in accord with the facts that is made with the intent to mislead or deceive; as such it can constitute fraud (q.v.). Misrepresentation most commonly occurs in insurance and real-estate contracts; in such cases, a false statement regarding a matter of fact may be material to the contract and even influential in producing it. In many such cases, the injured party relies upon the false statement because it is the business of the other party to know all of the facts pertaining to it. When a person has been induced to enter into a contract by misrepresentation, the contract is usually rendered void and the representee may even recover damages. In some jurisdictions, the representee may affirm the contract and insist that the misrepresentation be made good. The injured party in any case avoids contractual liability, either by instituting an action to rescind the contract or by using the misrepresentation as a defense in the event that he is sued for failure to perform his side of the contract.