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misrepresentation
(redirected from Innocent misrepresentation)

   Also found in: Dictionary/thesaurus, Medical, Legal, Financial, Wikipedia 0.01 sec.

misrepresentation

In law, any false or misleading expression of fact, usually with the intent to deceive or defraud. It most commonly occurs in insurance and real-estate contracts. False advertising may also constitute misrepresentation. Any contract that contains or constitutes a misrepresentation is usually rendered void, and the injured party may insist that the misrepresentation be made good.



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For example, the Illinois Consumer Fraud Act does not require the plaintiff to prove actual reliance on the misrepresentation or omission, and the plaintiff may recover for innocent misrepresentations or omissions.
While privity of contract still lived on in certain situations such as for claims of innocent misrepresentation (3), or malicious prosecution against an attorney (4), modern litigators by and large considered it an out dated and rarely viable way to contest claims.
Negligent misrepresentation is an innocent misrepresentation made without reasonable care or negligently.
 
 
 
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