representation

Any conduct capable of being turned into a statement of fact. Scandrett v. Greenhouse, 244 Wis. 108, 11 N.W.2d 510, 512.

Statement of fact made to induce another to enter into contract. As element of actionable fraud includes deeds, acts or artifices calculated to mislead another, as well as words or positive assertions. Kestner v. Jakobe, Mo.App. 446 S.W.2d 188, 193.

See also material fact

- misrepresentation

- reliance.

Act of representing another.

See represent.

Contracts.

A statement express or implied made by one of two contracting parties to the other, before or at the time of making the contract, in regard to some past or existing fact, circumstance, or state of facts pertinent to the contract, which is influential in bringing about the agreement.

See also false representation

- fraud

- material fact

- misrepresentation.

Insurance.

A collateral statement, either by writing not inserted in the policy or by parol, of such facts or circumstances, relative to the proposed adventure, as are necessary to be communicated to the underwriters, to enable them to form a just estimate of the risks. The allegation of any facts, by the applicant to the insurer, or vice versa, preliminary to making the contract, and directly bearing upon it, having a plain and evident tendency to induce the making of the policy. The statements may or may not be in writing, and may be either express or by obvious implication.

Law of distribution and descent.

The principle upon which the issue of a deceased person take or inherit the share of an estate which their immediate ancestor would have taken or inherited, if living; the taking or inheriting per stirpes. In re Paterson's Estate, Cal.App., 76 P.2d 138, 143.

@ material representation

One having been a real moving cause inducing the making of a contract. A representation is "material" if it relates directly to matter in controversy and is of such nature that ultimate result would not have followed if there had been no representation or if one who acted upon it had been aware of its falsity. Schoen v. Lange, Mo.App., 256 S.W.2d 277, 281.

To be "material", a representation must be of such character that if it had not been made, the contract or transaction would not have been entered into. Zinn v. Ex-Cell-O Corp., Cal.App., 141 P.2d 948, 958.

In life insurance, one that would influence a prudent insurer in determining whether or not to accept the risk, or in fixing the amount of the premium in the event of such acceptance.

See material fact; also, misrepresentation.

@