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 ?
The Orthodox draft law, which calls for each sect to elect its own lawmakers under a system of proportional representation with Lebanon as a single district, has drawn fire from many major political parties, including President Michel Sleiman, the Future Movement, Progressive Socialist Party leader MP Walid Jumblatt and several independent March 14 Christian lawmakers, who warned that the draft would deepen sectarian divisions and lead to the rise of extremists.
"We in March 8 and the FPM are not willing to approve any law that does not endorse proportional representation," he said in a speech in south Lebanon.
Charbel said that the bill calls for an electoral system based on a proportional representation. Every election held in Lebanon has been based on a winner-take-all system.
5 for the proportional representation election and to Oct.
Sir Menzies highlighted the success that the Welsh system of proportional representation had brought the party.
Liberal Democrat leader Charles Kennedy disclosed that preliminary talks have begun to look at replacing Britain's first-past-the-post system with a form of proportional representation.
Calls to abolish the proportional representation system used to choose the West Midland's eight MEPs were lead by Tom Watson (Lab West Bromwich East).
Nader's positions in favor of proportional representation, instant runoff voting, and other pro-democracy reforms made him by far the most attractive candidate.
First and foremost, proportional representation is more democratic than our first-past-the-post system.
Multimember districts and proportional representation could restore competition and prevent a system where, as a federal court in Texas found (speaking of a redistricting plan), "the final result seems not one in which the people select their representatives, but in which the representatives have selected the people."
The results would have been quite different under proportional representation. In the last federal election the Liberals would have ended up with 122 seats, the P.C.s would have had 47 seats, the Bloc Quebecois 40 seats, the Reform Party would have been the Official Opposition with 55 seats and there would have been 11 other seats and, of course, a minority government.

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