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 classic literature ?
It will not be denied that the representation of the Union will be most likely to possess these requisite endowments.
For the power of Tragedy, we may be sure, is felt even apart from representation and actors.
Edmund was the only one of the family who could see a fault in the business; but no representation of his aunt's could induce him to find Mr.
They began to listen to the desponding representations of M'Dougal, seconded by M'Kenzie, who inveighed against their situation as desperate and forlorn; left to shift for themselves, or perish upon a barbarous coast; neglected by those who sent them there; and threatened with dangers of every kind.
But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; a Quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice.
Morland was successfully confirming her own opinions by the justness of her own representations, Catherine was silently reflecting that now Henry must have arrived at Northanger; now he must have heard of her departure; and now, perhaps, they were all setting off for Hereford.
And on its pages I saw a beautiful representation of a maiden in transparent garments and with a transparent body, flying up to the clouds.
By an unjust discrimination against quadrupeds I am made ineligible to a seat in your convention; so I am compelled to seek representation through you.
These works, which I owe to the high talents and disinterested zeal of the above distinguished authors, could not have been undertaken, had it not been for the liberality of the Lords Commissioners of Her Majesty's Treasury, who, through the representation of the Right Honourable the Chancellor of the Exchequer, have been pleased to grant a sum of one thousand pounds towards defraying part of the expenses of publication.
And with this representation of him the ideal State and the other paradoxes of the Republic are quite in accordance, though they can not be shown to have been speculations of Socrates.
It may seem easy enough to account for all this, by reflecting that the theatrical stage is nothing more than a representation, or, as Aristotle calls it, an imitation of what really exists; and hence, perhaps, we might fairly pay a very high compliment to those who by their writings or actions have been so capable of imitating life, as to have their pictures in a manner confounded with, or mistaken for, the originals.
Would you use a carpet having a representation of flowers upon it?

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