Legal Word of the Day: “Misrepresentation”

Image: Hariadhi

Image: Hariadhi

Misrepresentation — An assertion that is not in accord with the facts. This can be deliberate, or done with ignorance, or with reckless disregard for the truth. Misrepresentation can be in writing, or a course of conduct.

Misrepresentation is tortious if someone, relying on the statements held out to be true, suffers a loss. If a professional fails to disclose important information, for example, it could result in liability.

Rescission is an available equitable remedy for contractual misrepresentation.

Related Cases:

Preyra, Re, 2000 CanLII 14383 (ON LSHP)
Grandiosity, a sense of being special and a sense of entitlement, lead to a law student’s downfall.

Clark v. Coopers & Lybrand Consulting Groups, 1999 CanLII 14878 (ON SC)
“The most important asset and quality of the firm was their professional integrity.”

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