Also known as: misrepresent · misrepresents · misrepresented · misrepresenting · misrepresentations · misrepresentee · misrepresentees · misrepresenter · misrepresenters · fraudulent misrepresentation · innocent misrepresentation
Written by attorneys · grounded in primary & secondary sources — see below
An assertion that is not in accord with the facts. The assertion may be made by words, conduct, or nondisclosure when a duty to speak exists, and it may be fraudulent, negligent, or innocent depending on the maker's state of mind and the context.
Ming Ma, a solo practitioner, posts on her firm website that she has litigated fifty complex commercial cases to verdict. In reality she has tried only three such matters. A prospective client who reads the statement and retains her later discovers the exaggeration when reviewing her actual docket. The client may file a grievance alleging that the communication violates the prohibition on false or misleading statements about a lawyer's services.
Matthew Martinez tells Mohan Malhotra that the parcel contains exactly forty acres. A later survey shows the tract measures only thirty-two acres. Because the statement does not match the actual facts, it constitutes a misrepresentation that may allow Malhotra to avoid the contract if he justifiably relied on it in deciding to purchase.
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Midwest Airlines sues Marathon Logistics for breach. During discovery Marathon withholds an internal memo showing it knew the contract terms differed from those it asserted at trial. After judgment, Midwest learns of the memo and moves under Rule 60(b)(3) to set the judgment aside on the ground that Marathon's nondisclosure amounted to misrepresentation by an opposing party.
Morgan Financial markets a new software product as having passed independent security audits that never occurred. A corporate buyer that purchases the product in reliance on the claim later suffers a data breach traceable to the product's vulnerabilities. The buyer may pursue a negligent misrepresentation claim because the false assertion of fact constitutes negligent conduct.
Mariam Mansour and Mustafa Mahmoud negotiate a marital settlement. Mansour fails to disclose a substantial brokerage account she opened during the marriage. After the agreement is signed, Mahmoud learns of the account and seeks to set the settlement aside. Under Florida law he may invalidate the agreement by proving it resulted from misrepresentation or lack of full financial disclosure.
Michelle Murphy, a partner at Mirage Hotels' outside counsel, submits invoices stating she personally performed research that was actually done by a first-year associate. When the client discovers the discrepancy during a fee dispute, it may file a disciplinary complaint alleging that Murphy engaged in conduct involving misrepresentation.
A contract is voidable when a party's assent is induced by a fraudulent or material misrepresentation on which the recipient is justified in relying. The recipient need not prove scienter if the misrepresentation is material and induces justifiable reliance.
Yes. Rule 7.1 prohibits a lawyer from making a false or misleading communication about the lawyer or the lawyer's services, including any material misrepresentation of fact or law.
Yes. Nondisclosure is equivalent to an assertion that the fact does not exist when the party knows disclosure is necessary to prevent a previous assertion from being a misrepresentation or when the party has a duty to disclose.
The movant must demonstrate fraud, misrepresentation, or misconduct by an opposing party that prevented the movant from fully and fairly presenting its case.
Yes. A misrepresentation of law may constitute negligent conduct when made in circumstances that create a duty of care.
…deserve to be considered, ignorant or incompetent, that it is rarely possible, on adequate grounds, conscientiously to stamp the misrepresentation as morally culpable; and still less could law presume to interfere with this kind of controversial misconduct." [^maj-15]: The climate in which public officials operate, especially during…