false representation

For purposes of the common-law tort of fraudulent misrepresentation, such may be either an affirmative misrepresentation or a failure to disclose a material fact when a duty to disclose that fact has arisen. Rothenberg v. Aero Mayflower Transit Co., Inc., D.C.D.C., 495 F.Supp. 399, 406.

To maintain an action for damages for "false representation," the plaintiff, in substance, must allege and must prove by a preponderance of the evidence the following elements:

(1) that representation was made;

(2) that it was false;

(3) that the defendant knew it was false, or else made it without knowledge as a positive statement of known fact;

(4) that the plaintiff believed the representation to be true;

(5) that the plaintiff relied on and acted upon the representation;

(6) that the plaintiff was thereby injured; and

(7) the amount of the damages.

See also deceit

- false statement

- fraud

- material fact

- reliance