material representation or misrepresentation

material representation or misrepresentation
A misrepresentation is "material" if it relates to a matter upon which plaintiff could be expected to rely in determining to engage in the conduct in question. Barrington Press, Inc. v. Morey, C.A.I11., 752 F.2d 307, 310.
In law of deceit, a statement or undertaking of sufficient substance and importance as to be the foundation of an action if such representation is false.
See also material fact

Black's law dictionary. . 1990.

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  • material representation or misrepresentation — A misrepresentation is material if it relates to a matter upon which plaintiff could be expected to rely in determining to engage in the conduct in question. Barrington Press, Inc. v. Morey, C.A.I11., 752 F.2d 307, 310. In law of deceit, a… …   Black's law dictionary

  • misrepresentation — mis·rep·re·sen·ta·tion /mis ˌre pri ˌzen tā shən, zən / n: an intentionally or sometimes negligently false representation made verbally, by conduct, or sometimes by nondisclosure or concealment and often for the purpose of deceiving, defrauding,… …   Law dictionary

  • representation — rep·re·sen·ta·tion n 1: one that represents: as a: a statement or account made to influence opinion or action compare warranty 3 b: an incidental or collateral statement of fact on the faith of which a contract is entered into the contract of… …   Law dictionary

  • material — ma·te·ri·al 1 /mə tir ē əl/ adj 1: of, relating to, or consisting of physical matter 2: being of real importance or consequence 3: being an essential component the material terms of the contract 4: being relevant to a subject under considerati …   Law dictionary

  • 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… …   Black's law dictionary

  • misrepresentation — Any manifestation by words or other conduct by one person to another that, under the circumstances, amounts to an assertion not in accordance with the facts. An untrue statement of fact. An incorrect or false representation. That which, if… …   Black's law dictionary

  • misrepresentation — Any manifestation by words or other conduct by one person to another that, under the circumstances, amounts to an assertion not in accordance with the facts. An untrue statement of fact. An incorrect or false representation. That which, if… …   Black's law dictionary

  • material misrepresentation — See material representation …   Ballentine's law dictionary

  • Misrepresentation in English law — is an area of English contract law, which allows a person to escape a contractual obligation or claim compensation for losses. If one person can show that she entered an agreement because of another person s false assurances, then the other… …   Wikipedia

  • Misrepresentation — This article is about a legal term. For the sociological one, see Misrepresentation (sociology). Misrepresentation is a contract law concept. It means a false statement of fact made by one party to another party, which has the effect of inducing… …   Wikipedia

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