A claim for misrepresentation arises where one party to a contract (the representor) made an untrue statement of fact that induced the other (the representee) to enter into the contract. The false statement may be made innocently, negligently or fraudulently. An actionable misrepresentation entitles the innocent party to rescind the contract unless the court determines otherwise, though it may award damages in lieu of rescission. Damages are also available where the misrepresentation has caused the innocent party loss. Misrepresentation claims can be difficult to prove and a prospective defendant will have a number of possible defenses to such a claim, eg, that the statement in question was not intended to be relied on or that the representee would have entered into the contract in any event. A claim for misrepresentation has similarities to, but can be distinguished from, claims for breach of contract, mistake, negligent misstatement and deceit. For a pre-contractual statement to be an actionable representation it must have been a statement of fact. Such a statement can be made expressly in writing or orally or may be implied from words or conduct. In the case of implied representations, care must be taken to test the credibility of the claimant’s assertions as to an implied representation when bringing such a claim since the more difficult it is to formulate the terms of the implied representation, the more reluctant the court will be to accept that it should be implied.
Where damages are claimed (in addition or alternatively to rescission), that the misrepresentation caused the representee to suffer loss.
Statements of intention, opinion and promises whilst not actionable misrepresentations, may carry with them implied representations of fact. There are also occasions where silence can give rise to an actionable misrepresentation.
When considering whether a misrepresentation is actionable the context in which it was made is key.
Contact a Waco Texas or Central Texas misrepresentation lawyer below or call 254-753-6437 to discuss your matter.
CAROLINA TRUESDALE Carolina Truesdale graduated Cum Laude from Texas Tech University School of Law. She has had a lifetime passion for serving families during challenging
MASON DUNNAM Mason Dunnam won his first jury trial the day after becoming licensed to practice law. Since that time, he has become one of
ELEEZA JOHNSON Eleeza Johnson joined Dunnam & Dunnam in 2015, during which time she has worked to provide successful results for her clients in some
ANDREA MICHELLE MEHTA Andrea Michelle Mehta became a lawyer to help people navigate the legal world. Working alongside her colleagues and with clients is one
GERALD R. VILLARRIAL Gerald Ray Villarrial has an important goal – to be remembered as someone who cared about people and changed lives through his
JIM DUNNAM Jim Dunnam is a Board Certified Specialist in both Civil Trial Law and Family Law. Jim was born and has spent his entire life in
MERRILEE L. HARMON Merrilee L. Harmon became a lawyer to advocate for others in the Waco community. Her compassion, drive and experience are proven through
Vance Dunnam, Jr. Vance Dunnam, Jr., was born in Waco, Texas, on September 5, 1953, where he has lived most of his life. He graduated
VANCE DUNNAM Vance Dunnam’s 70-year career was a testament to his unyielding commitment to his clients and passion for the law. He practiced law until he passed away at
Copyright © Dunnam & Dunnam, L.L.P. All Rights Reserved. Prior results do not guarantee a similar outcome. Dunnam & Dunnam LLP maintains this website to provide you with general information concerning itself and its attorneys, as well as to facilitate communications with persons and entities possibly desiring to establish an attorney-client relationship with a law firm or an attorney. Information provided by and through this website does not create any kind of attorney-client relationship with Dunnam & Dunnam or any of its attorneys and, furthermore, does not constitute and should not to be relied upon by you as any kind of legal advice or service by Dunnam & Dunnam or any of its attorneys. Dunnam & Dunnam L.L.P. assumes no liability for the use or interpretation of information contained herein. This publication is provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.