Question
The positive assertion of a falsehood, regardless of
belief in its truth; a breach of duty that unfairly benefits the breaching party without intent to deceive; or causing an innocent party to mistakenly believe in the substance of an agreement.Solution
Contract Act Section 18. “Misrepresentation” defined. “Misrepresentation” means and includes—(1) the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; (2) any breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or any one claiming under him; by misleading another to his prejudice, or to the prejudice of any one claiming under him; (3) causing, however innocently, a party to an agreement, to make a mistake as to the substance of the thing which is the subject of the agreement.
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