Defenses: Misrepresentation

Question 1

What are the three kinds of deception?

Answer 1

misrepresentation, concealment, non-disclosure

Question 2

What are the three kinds of misrepresentations?

Answer 2

intentional, innocent, and negligent

Question 3

What are the elements of misrepresentation?

Answer 3

1. A false statement of fact , opinion, intent;
2. addressing a fact, opinion, intent that is material to the contract
3. made with the requisite state of mind (intentional, negligent, or innocent)
4. actually and justifiably relied on by the other party; and
5. caused damage to the other party

Question 4

define fact, intention, and opinion

Answer 4

fact: something that exists or occurs

intention: is a determination to act in a certain way in the future

opinion: expression of a person’s belief or viewpoint, but not as a matter of positive knowledge.

Question 5

Which types of misrepresentations are always actionable, which one are sometimes actionable?

Answer 5

The ones which are actionable misrepresentation of fact and intention, but opinions may or may not be actionable.

Question 6

Which opinions are actionable?

Answer 6

Ones which are suggesting underlying facts

Question 7

What are the different requisite states of mind for misrepresentation?

Answer 7

1. knew or believed the representation was not true (intentional)
2. unreasonably believed the representation to be true (negligent misrepresentation)
3. reasonably believed that the representation was true (innocent misrepresentation)