Misrepresentation Flashcards
1
Q
Misrepresentation
A
A false statement of past or present fact made during negotiations before a contract is made.
2
Q
Elements
A
- A false statement of past or present fact.
- The false statement was material in inducing the party to whom it was made to enter the contract.
- As a result of relying on the truth of the false statement that party suffered a loss.
3
Q
Mere puff is not actionable
A
Trying to get people to be interested in the product will not be misrepresentation.
4
Q
Silence
A
Mere silence will not generally in itself be a misrepresentation.
5
Q
Opinion
A
An opinion will not be a misrepresentation unless the giving of the opinion in the circumstances implies facts that are not true.
6
Q
Half truths
A
Half truths will count as misrepresentation.
7
Q
Changes in facts after representation
A
Where the facts change after the representation and before the contract is entered into, you must inform the other party.
