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Misrepresentation. English

The Black’s Law dictionary defines “misrepresentation” as the act of making a false or misleading assertion about something, usually with the intent to deceive.
United Kingdom courts will not imply a duty to negotiate or deal in good faith on contracting parties. However, there is a duty not to mislead. Misrepresentation occurs when there is a material representation inducing the party to enter into contract on the faith of it. While the common law provides relief in the event of a mistake, whether by both parties or unilaterally, mistakes caused by a misrepresentation are ordinarily treated under the principles of misrepresentation (innocent, negligent and fraudulent). If this occurs, the misled party may rescind the contract subject to certain bars.
In French law, “erreur” is a false assessment of the situation made by the contracting party. Amongst the mistakes that can vitiate consent under the French Civil Code are those relating to the material terms of the contract and essential qualities leading a contracting party to enter the contract, “erreur sur la substance”.
For a continental lawyer, it is important not confuse misrepresentation with “erreur sur la substance” which may be similar in some respects. The word “erreur” must be limited to translate the mistake.
Hence a possible translation may be “assertion inexacte”.
Under the Italian law, the concepts of “errore” and “dolo (negoziale)” may correctly translate the word misrepresentation depending on the type of misrepresentation (innocent, negligent or fraudulent). The correct translation will, as always, depend on the context.

 

 

 

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