Misrepresentation is a term used to describe false statements or conduct made by one party to another, resulting in the persuading or inducing of the other party into a contract. An example of misrepresentation may include false statements about the quality of a product or what will be delivered, resulting in the sale of the product and the subsequent defrauding of or injury to another party. Misrepresentation is closely related to unfair competition as well as other deceptive and unfair trade practices.
Not all false statements about a product may be considered misrepresentation, particularly if made as a statement of opinion. However, an opinion may be considered a form of misrepresentation if the individual giving the opinion claimed to be a specialist or expert in that field, but this may vary on a case by case basis. There are three main factors involved in misrepresentation:
- A false statement has been made
- The statement was directed at the plaintiff
- The statement induced the plaintiff to enter into a contract
There are two main types of misrepresentation: fraudulent misrepresentation and negligent misrepresentation. Fraudulent misrepresentation is carried out intentionally and with the intent to deceive another. Negligent misrepresentation includes carelessness in making statements about a product or situation. Withholding information, making an entirely false statement, distorting the truth, or giving “expert” opinions may all constitute fraudulent or negligent misrepresentation.
South Florida Business Tort Attorneys
At Orner Law, LLC our experienced business litigation attorneys assist clients throughout South Florida with cases involving misrepresentation. We assist both plaintiffs and defendants in these matters, working to protect your company’s assets and future to the utmost extent of our ability. When you work with a South Florida business litigation lawyer at our firm, you can rest assured that we will give you the personal attention and aggressive legal counsel you deserve.
With offices in Boca Raton and Fort Lauderdale, Orner Law, LLC serves clients throughout South Florida.
Have you or your business been affected by misrepresentation on the part of another party? Have you been accused of misrepresentation? Contact Orner Law, LLC today.