innocent misrepresentation


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innocent misrepresentation

See fraud.

References in periodicals archive ?
Section 2(1) of the 1967 Act provides, in principle, that damages may be awarded even for an innocent misrepresentation, unless the party making it reasonably believed that the facts represented were true; and section 2(2) provides, broadly, that where a non-fraudulent misrepresentation gives an entitlement to rescission, and the court considers that it would be equitable to award damages in lieu of rescission, it may do so.
rescission in innocent misrepresentation cases, Part I shows how
Certain states do not require knowledge of a misrepresentation in order to rescind a policy, and an innocent misrepresentation is enough to void coverage.
In these states, a policy can be rescinded for an innocent misrepresentation or concealment of a material fact.
In Case A, students are required to determine whether a contract exists, identify the terms of the agreement, determine whether a breach of contract occurred, and what remedies, if any, are available, and analyze whether the theater made an innocent misrepresentation or acted fraudulently.
Cowan says the second case is one of innocent misrepresentation.
As to those kinds of questions, insureds are viewed as being asked only for opinions, not facts.(67) The implicit qualifications in these questions have the effect of disallowing avoidance for an innocent misrepresentation, even when state law purports to allow such action.