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 ?
Thus proportional representation would be a simple and elegant solution to the problem of minority representation, without all the disadvantages associated with race-based districting.
For more information on these and other developments in the use and spread of PR, contact: Citizens for Proportional Representation (CPR), 6905 Fifth Street, N.
Guinier is widely recognized as the foremost proponent in the United States of alternative voting schemes like proportional representation.
Although no consensus was achieved on this proposal, it made progress because all blocs now accept proportional representation but do not agree on the number [of MPs to be elected based on it]," Berri was quoted as saying.
On Tuesday, a record 1,504 people filed their candidacies with election boards, vying for 300 single-seat districts and 180 proportional representation constituencies.
However, Makari, an ally of Hariri, voiced support for the former prime minister's electoral proposal, while lambasting the Orthodox Gathering's controversial draft law and a proportional representation system.
Both the DPJ and the LDP have pledged in their manifestos to reduce the number of proportional representation seats -- the DPJ by 80 and LDP by 30 -- in a bid to narrow the vote-value disparity.
In the afternoon session, members of the subcommittee considered a proposal presented by MP Ali Bazzi that stipulates 64 MPs be elected under proportional representation and 64 under a winner-takes-all system.
The PNP, headed by former financial services and postal reform minister Shizuka Kamei, is on the borderline as to whether it will win one seat in the proportional representation section of the election.
BEIRUT, June 16 (KUNA) -- The Lebanese Parliament on Friday approved a new electoral law on basis of proportional representation and extended its mandate, due to expire in a few days, for 11 months to prepare for nationwide elections.
One proposed method is adopting proportional representation.
It is only right that the outcome of an election should correctly reflect the varying size of voters' parties and a possible solution might point in the direction of proportional representation.

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