Also known as: falsely misrepresent · false misrepresentations · misrepresentation · fraudulent misrepresentation
Written by attorneys · grounded in primary & secondary sources — see below
An assertion that is not in accord with the facts. The assertion may be made by words, conduct, or nondisclosure when a duty to speak exists, and it supports remedies or sanctions when it induces justified reliance and causes harm.
Felipe Figueroa posted on his law firm website that he had never lost a personal injury trial. In reality he had lost two cases the prior year. A prospective client read the statement, retained Figueroa, and later discovered the falsehood after an unfavorable settlement.
Felicia Fuentes told Finn Fletcher that a commercial building generated twelve thousand dollars monthly in rent. The actual collections totaled nine thousand dollars. Fletcher relied on the figure, purchased the building, and later learned the true income after tenants confirmed lower payments.
Select any source to read its text and confirm it supports the definition.
Flora Ford obtained a default judgment against Frontier Capital by representing that no settlement discussions had occurred. In fact she had rejected an offer from the company two weeks earlier. Frontier Capital later moved under Rule 60(b)(3) to set aside the judgment after discovering the omitted fact.
Fisher Foods hired Felicity French to assess environmental liability on a site. French stated that enrollment in a state program would still cap future cleanup costs. She had relied on an expired flyer and failed to verify current eligibility. The company purchased the property and incurred full liability when the deadline had passed.
Floyd Franklin presented a marital settlement agreement to Felicia Fuentes that listed only half the couple’s brokerage accounts. Fuentes signed without knowledge of the omitted accounts. After the divorce she discovered the full value and sought to set aside the agreement on the ground of misrepresentation.
Finn Fletcher submitted an expense report to his firm claiming reimbursement for a client dinner that never occurred. The firm discovered the fabricated receipt during an audit and initiated disciplinary proceedings based on the misrepresentation in the billing records.
No. Dictionary sources state that the phrase is redundant because misrepresentation already incorporates the concept of falsity.
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A careless statement of law made in the course of business or professional advice can constitute negligent conduct when the speaker fails to exercise reasonable care and the recipient justifiably relies to his detriment.
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The challenging spouse must prove that the agreement resulted from misrepresentation or that it is unfair and the spouse lacked full financial disclosure at the time of execution.
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…deserve to be considered, ignorant or incompetent, that it is rarely possible, on adequate grounds, conscientiously to stamp the misrepresentation as morally culpable; and still less could law presume to interfere with this kind of controversial misconduct." [^maj-15]: The climate in which public officials operate, especially during…