MISREPRESENTATION, contracts. The statement made by a party to a contract,
that a thing relating to it is in fact in a particular way, when he knows it
is not so.
2. The misrepresentation must be both false and fraudulent, in order to
make the party making it, responsible to the other for damages. 3 Com. R.
413; 10 Mass. R. 197; 1 Rep. Const. Court, 328, 475, Yelv. 21 a, note l;
Peake's Cas. 115; 3 Campb. 154; Marsh. Ins. B. 1, c. 10, s. 1. And see
Representation. It is not every misrepresentation which will make a party
liable; when a mere misstatement of a fact has been erroneously made,
without fraud, in a casual, improvident communication, respecting a matter
which the person to whom the communication was made, and who had an interest
in it, should not have taken upon trust, but is bound to inquire himself,
and had the means of ascertaining the truth, there would be no
responsibility; 5 Maule & Selw. 380; 1 Chit. Pr. 836; 1 Sim. R. 13, 63; and
when the informant was under no legal pledge or obligation as to the precise
accuracy and correctness of his statement, the other party can maintain no
action for the consequences of that statement, upon which it was his
indiscretion to place reliance. 12 East, 638; see also, 2 Cox, R. 134; 13
Ves. 133; 3 Bos. & Pull. 370; 2 East, 103; 3 T. R, 56, 61; 3 Bulstr. 93; 6
Ves. 183; 3 Ves. & Bea. 110; 4 Dall. R. 250. Vide Concealment;
Representation; Suggestio falsi; Suppressio veri.
, false coloring
, false swearing