representation

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Representation

Any action or conduct that can be turned into a statement of fact.

For example, displaying a car with an odometer reading of ten miles constitutes a representation to a prospective buyer that the car has only been driven ten miles.The term representation is used in reference to any express or implied statement made by one of the parties to a contract to another, regarding a particular fact or circumstance that serves to influence the consummation of the deal.

As applied to the law of Descent and Distribution, representation is the principle by which the issue of an individual who has died inherits the portion of an estate that such person would have taken if he or she had lived.

representation

n. 1) the act of being another's agent. 2) acting as an attorney for a client. 3) a statement of alleged fact either in negotiations or in court. (See: represent)

representation

(Acting for others), noun acting as attorney for, advocacy, agency, agentship, body of deleeates, body of deputies, deputation, rendering legal addice, rendering legal assistance, speaking for another, supplying another's place

representation

(Statement), noun account, assertion of facts, asseveration, declaration, depiction, effigies, explanation, illustration, imago, indication, narration, narrative, portraiture, portrayal, presentation, report, setting forth
Associated concepts: false representation, material repreeentation, misrepresentation, public representation
See also: agency, assertion, brief, color, concept, copy, cross section, declaration, definition, delegation, delineation, deputation, design, designation, disclosure, disguise, duplicate, election, embodiment, example, illustration, indicant, manifestation, model, narration, paraphrase, part, performance, profession, proxy, recital, rendition, resemblance, role, sample, semblance, substitute, suggestion, symbol

representation

1 a statement of fact. A representation should be distinguished from a statement of opinion for many legal purposes, especially in relation to contractual obligations.
2 in the law of succession, the concept by which issue of predeceasing issue of the deceased are entitled to take their deceased ancestor's share.

REPRESENTATION, insurances. A representation is a collateral statement, either by writing not inserted in the policy, or by parol, of such facts or circumstances relative to the proposed adventure, as are necessary to be communicated to the underwriters, to enable them to form a just estimate of the risk.
     2. A representation, like a warranty, may be either affirmative, as where the insured avers the existence of some fact or circumstance which may affect the risk; or promissory, as where he engages the performance of, something executory.
     3. There is a material difference between a representation and a warranty.
     4. A warranty, being a condition upon which the contract is to take effect, is always a part of the written policy, and must appear on the face of it. Marsh. Ins. c. 9, Sec. 2. Whereas a representation is only a matter of collateral information or intelligence on the subject of the voyage insured, and makes no part of the policy. A warranty being in the nature of a condition precedent, must be strictly and literally complied with; but it is sufficient if the representation be true in substance, whether a warranty be material to the risk or not, the insured stakes his claim of indemnity upon the precise truth of it, if it be affirmative, or upon the exact performance of it, if executory; but it is sufficient if a representation be made without fraud, and be not false in any material point, or if it be substantially, though not literally, fulfilled. A false warranty avoids the policy, as being a breach of the condition upon which the contract is to take effect; and the insurer is not liable for any loss though it do not happen in consequence of the breach of the warranty; a false representation is no breach of the contract, but if material, avoids the policy on the ground of fraud, or at least because the insurer has been misled by it. Marsh. Insur. B. 1, c. 10, s. 1; Dougl. R. 247: 4 Bro. P. C. 482.
     See 2 Caines' R. 155; 1 Johns. Cas. 408; 2 Caines' Cas. 173, n.; 3 Johns. Cas. 47; 1 Caines' Rep. 288; 2 Caines' R. 22; Id. 329; Sugd. Vend. 6; Bouv. Inst. Index, h.t. and Concealment; Misrepresentation.

REPRESENTATION, Scotch law. The name of a plea or statement presented to a lord ordinary of the court of sessions, when his judgment is brought under review.

References in periodicals archive ?
Even those who might accept proportional representation at a future date wish to see a clear linkage made with the far more significant step to allow expatriate Lebanese to vote from abroad.
However the move is certain to be fiercely opposed by Middlesbrough's Labour Member Stuart Bell, a long-time critic of proportional representation and one of a number of government backbenchers determined to stick to the first-past-the-post arrangements.
Britain is free to change the system used for European elections however it wishes, although proportional representation is the norm in the rest of the EU.
Once the five nominees are chosen by proportional representation, another ballot is sent out to all Academy members.
More countries in the Western world now use proportional representation systems than the first-past-the-post method.
With proportional representation, the Progressive Conservative Party would have had 16 seats in the New Brunswick Legislature at that time and the New Democratic Party would have had six.
This November, San Franciscans will vote on Proposition H, which seeks to replace the current "winner take all" at large voting system with a form of proportional representation known as preference voting.
Under a proportional representation system, as in most of Europe, the party would have gained 156 seats, and there would have been a coalition government with either Labour or the Conservatives.
The second part of the book is detailed exploration of voting: the dimensions in which voting situations differ, the origins and logic of majority rule, the frequency of cycles in voting, the Arrow and Gibbard-Satterthwaite theorems, criteria for ways of cutting through cycles and the application of these criteria to a variety of rules, voting over continuums, proportional representation, and voting rules that take account of intensities of preferences.
THE UK must reconsider the case for proportional representation as more power is devolved - to prevent the creation of a series of one-party fiefdoms across the country, a North East peer has warned.
My plan is to run in the upper house election through the proportional representation block," Muroi, 66, told reporters.

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