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 placerepresentation
(Statement), noun account, assertion of facts, asseveration, declaration, depiction, effigies, explanation, illustration, imago, indication, narration, narrative, portraiture, portrayal, presentation, report, setting forthAssociated 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
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.