fraudulent misrepresentation – words spoken or written while knowing that they are false in order to deceive and induce action in reliance

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fraudulent representation – A representation proceeding from, or characterized by, fraud, and the purpose of which is to deceive. 37 Am J2d Fraud § 2. A representation that is knowingly untrue, or made without belief in its truth, or made recklessly, and, in any event, for the purpose of inducing action upon it.  Clark v Haggard, 141 Conn 668, 109 A2d 358, 54 ALR2d 655. [1] — aka fraudulent misrepresentation.

fraudulent misrepresentation – Words spoken or written with the knowledge or belief that they are false, and with the purpose of deceiving and inducing action in reliance.
     See essence; intrinsic fraud. [2]

misrepresentation – The statement of an untruth.  A misstatement of fact, which, if accepted, leads the mind to an apprehension of a condition other and different from that which exists.  37 Am J2d Fraud § 1.  In application for insurance: — a statement as a fact of something which is untrue, and which the insured states with the knowledge that it is untrue and with an intent to deceive, or which he states positively as true without knowing it to be true, and which has a tendency to mislead, where such fact in either case is material to the risk. 29 Am J Rev ed Ins § 698. [1]

1. The statement of an untruth; a misstatement of fact designed to lead one to believe that something is other than it is; a false statement of fact designed to deceive.
     See material representation.

false representation – A misrepresentation; a fraudulent misrepresentation.
     See representation.  Also see false pretenses. [2]

Types of Fraudulent Misrepresentations:

mail fraud – using the U.S. Postal Service (or other mailing system) to make false representations in order to obtain money or anything else of value. — aka using the mails to defraud.


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[1]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[2]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.


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