Vääramatusele

Vääramatusele is Estonian legal terminology referring to misstatement or misrepresentation in the context of contracts and other legal acts. It describes a false or misleading statement of fact that may influence another party to enter into an agreement or to rely on the information provided. The concept can cover both spoken statements and written representations, as well as representations by conduct when they are taken as factual.

In general, a claim of vääramatusele requires more than a mere misunderstanding. Typical elements include: a false or misleading statement of fact; materiality (the fact is important for the decision at hand); reliance by the other party on the statement; and resulting damage or a change in position. Depending on the jurisdiction, different standards may apply to the form of the misstatement (fraudulent, negligent, or innocent) and to the claimant’s ability to prove fault.

Types commonly distinguished are fraudulent misrepresentation (knowingly false or recklessly indifferent to truth), negligent misrepresentation (careless failure to verify truth), and innocent misrepresentation (unintentional falsehood without fault). The distinctions affect remedies and the degree of fault required.

Remedies for vääramatusele typically include rescission or cancellation of the contract and damages intended to restore the harmed party to the position they would have been in absent the misrepresentation. In consumer and contract law, additional protective provisions may apply. Jurisdiction-specific rules vary, so local statutes and case law are decisive for precise requirements and remedies. See also misrepresentation, contract law, and consumer protection.