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 G. Truesdale graduated from Texas Tech University School of Law, Cum Laude, where she discovered her passion for serving families during difficult times.
Mason Dunnam won his first jury trial the day after becoming licensed to practice law. He became a lawyer to fight for the little guy.
Eleeza Johnson has been a member of Dunnam & Dunnam since 2015 and is currently designated as Of Counsel.
Andrea Michelle Mehta became a lawyer to help people navigate the legal world. She loves her work and the people.
Gerald Ray Villarrial has an important goal – to be remembered as someone who cared about people and changed lives through his skill as an attorney.
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 Waco.
Merrilee Harmon is a Family Law specialist, Board Certified by the Texas Board of Legal Specialization since 1985.
Vance Dunnam, Jr. graduated from Baylor University in 1974 with a Bachelor of Business Administration degree and a major in accounting and from Baylor Law School in 1977 with a Juris Doctor degree.
Vance Dunnam has 60 years of experience as a lawyer in Waco, Texas, handling all types of cases in both the office and the courtroom.
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