Misrepresentation can be used as a defense in cases where a contract is broken.

This happens when one person mistakenly gives false information that convinces another person to sign a contract. If this false information can be proven, the contract might not be valid anymore.

Types of Misrepresentation:

1. Fraudulent Misrepresentation:

   • This is when someone lies on purpose.
   • For example, if a car seller says a car has never been in an accident, but that is not true, this could be fraud.

2. Negligent Misrepresentation:

   • In this case, someone makes a false statement without checking if it’s true.
   • For instance, if a real estate agent wrongly says a house is bigger than it really is, they could be held responsible for this careless mistake.

3. Innocent Misrepresentation:

   • This happens when someone says something wrong but doesn’t mean to trick anyone.
   • For example, if a person honestly believes a fact about an old object but is actually mistaken, they might not be held responsible.

How It Works in Court:

If someone can prove misrepresentation, they can:

• Rescind the contract: This means canceling the contract.
• Seek damages: The person who was misled may ask for money to cover the harm caused by the false information.

In conclusion, misrepresentation can be a strong defense if a contract is broken, depending on the details of the false statement.