Also known as: false representations · falsely represent · falsely represented · falsely representing · misrepresentation
Written by attorneys · grounded in primary & secondary sources — see below
An assertion that is not in accord with the facts.
Freya Freeman, a solo practitioner, placed an online ad claiming her firm had handled dozens of complex mergers for Fortune 500 clients. In fact she had never worked on a single merger. A prospective client relied on the ad and retained her, only to discover the misrepresentation after paying a substantial retainer.
Francisco Frost told buyer Faith Fitzgerald that the parcel he was selling extended to the stone wall at the rear of the lot. The recorded deed showed the boundary stopped ten feet short of the wall. Fitzgerald signed the contract in reliance on the statement and later discovered the true boundary after closing.
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During discovery in a contract suit, Falcon Dynamics produced an incomplete set of emails while withholding a message showing it had agreed to the disputed delivery date. After judgment was entered, Fisher Foods moved under Rule 60(b)(3) to set the judgment aside on the basis of the withheld communication.
Farid Farahani told his elderly aunt that her nephew had been convicted of embezzlement and was therefore unworthy of any inheritance. The aunt then executed a new will leaving her estate to Farahani. After the aunt's death, the nephew offered evidence that the embezzlement claim was fabricated.
An undercover officer told Frank Fisher that selling the regulated chemical was merely a civil licensing issue and not a criminal offense. Fisher, who had no prior record, agreed to the sale and was arrested. He later moved to dismiss on entrapment grounds.
Faye Fuller, an engineer retained to advise on a construction project, stated that local setback rules permitted the planned building location. She had not checked the current ordinance. The owner built according to the advice and later received a stop-work order because the statement was incorrect.
A misrepresentation is material if it would be likely to induce a reasonable person to manifest assent or if the maker knows it would be likely to induce the recipient to do so.
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If a party's manifestation of assent is induced by a fraudulent or material misrepresentation by the other party upon which the recipient is justified in relying, the contract is voidable by the recipient.
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Rule 60(b)(3) permits relief from a final judgment on the ground of fraud, misrepresentation, or misconduct by an opposing party.
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A donative transfer is procured by fraud if the wrongdoer knowingly or recklessly made a false representation to the donor about a material fact that was intended to and did lead the donor to make a donative transfer that the donor would not otherwise have made.
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Entrapment occurs when an officer induces the offense by making knowingly false representations designed to induce the belief that the conduct is not prohibited.
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A misrepresentation of fact or law may be negligent conduct.
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