misrepresentations

Misrepresentation is presenting false information that induces another person to enter into an agreement or take action. It can involve false statements, concealment of facts, or misleading conduct, and may occur in negotiations, advertising, or written contracts. Statements of opinion or predictions are typically not misrepresentations unless stated as fact or there is a duty to disclose.

Misrepresentation is commonly categorized as fraudulent, negligent, or innocent. Fraudulent misrepresentation involves knowingly making a false statement or reckless disregard for the truth with the intent to induce reliance. Negligent misrepresentation occurs when a party fails to take reasonable care to verify facts. Innocent misrepresentation happens when the speaker believes the statement to be true. Puffery, such as exaggerated claims of superiority, is generally treated as non-actionable opinion.

Elements: in many jurisdictions, a claimant must show (1) a false statement of material fact, (2) knowledge of falsity or reckless disregard, or negligence, (3) intent to induce reliance or actual reliance, and (4) damages or rescission.

Remedies vary: fraudulent misrepresentation can support rescission and damages; innocent misrepresentation usually allows rescission; negligent misrepresentation may permit damages. Disclaimers can limit liability; limitations periods apply.

In addition to contract law, misrepresentation concerns arise in consumer protection and advertising law, where false product or service claims may be illegal. Assessing misrepresentation requires evaluating factual accuracy, context, and duties of disclosure between the parties.