In contracts. A statement made by either party before or at the time of the conclusion of the contract in relation to a fact, circumstance or fact relevant to the contract that is relevant to the conclusion of the agreement. In insurance. An additional statement, either by writing facts or circumstances not included in the policy regarding the proposed adventure, which must be communicated to insurers so that they can make a fair estimate of the risks. 1 swamp. Ins. 450. The assertion by the plaintiff against the insurer or vice versa of facts which directly precede and affect the conclusion of the contract and which have a clear and obvious tendency to induce the conclusion of the policy. Statements may or may not be made in writing and may be express or manifestly implied. Lee vs.
Howard Fire Ins. Co., 11 Cush. (Mass) 324; Augusta Insurance & Banking Co. of Georgia v. Abbott, 12 billion 34S. When it comes to the insurance contract, there is an important difference between a representation and a guarantee. The first, which precedes the insurance contract and is not part of it, must only be materially true: the second is part of the contract and must be executed accurately and literally, otherwise the contract is broken and ineffective. Glendale Woolen Co.
v. Protection Ins. Co., 21 Conn. 19, 54 Am. 309 December. In the law of distribution and filiation. The principle that the question of a deceased person takes over or inherits from an estate that his immediate ancestor would have taken or inherited if he were alive; removal or inheritance by stirpes. 2 Bl. Komm. 217, 517. In Scottish law.
The name of a plea or declaration submitted to an ordinary Lord of the Court of Session during the revision of his judgment. 5. In international law, representation is a friendly but firm statement of perceived injustice. This is the lightest form of complaint that one nation can file with another. This is also known as diplomatic representation. Contrary to a condition, representation is something outside the contract. However, if the representation is essential to the contract and is followed by the representative, the latter may be held legally liable. A misrepresentation is a misrepresentation. REPRESENTATION, insurance. A representation is a secondary statement, either by letter not inserted in the policy, or by a paragraph of such facts or circumstances related to the proposed adventure, which must be communicated to subscribers so that they can form a fair estimate of the risk. (2) Insurance, such as a guarantee, may be affirmative, as if the insured claimed the existence of a fact or circumstance likely to affect the risk; or promissory note, such as when he uses the execution of something executing his will.
3. There is a substantial difference between insurance and coverage. 4. A warranty, which is a condition of entry into force of the contract, is always part of the written policy and must appear on the front. Swamp. Ins. c. 9, para. 2.
Although representation is only a matter of collateral information or information on the subject of insured travel and is not part of the policy. A guarantee which has the character of a condition precedent must be strictly and literally respected; however, it is sufficient that the presentation is essentially true, whether a risk guarantee is significant or not, the insured bases his claim for compensation on the exact truth if it is asserted, or on the exact execution of it if it is enforceable; but it is sufficient that a representation is made without fraud and that it is not erroneous on an essential point or that it is substantially, if not literally, fulfilled. The Directive avoids a false guarantee because it violates the condition under which the contract is to take effect; and the insurer is not responsible for losses, although this does not occur as a result of the breach of coverage; A false statement is not a breach of contract, but, if it is significant, avoids the policy because of fraud or at least because the insurer has been misled by it. Swamp. Insurance. B. 1, ca. 10, p. 1; Dougl. R. 247: 4 brothers P. C.
482. See 2 Caines` R. 155; 1 John c. 408; 2 Caines` Cas. 173, n.; 3. John. Case. 47; 1 Caines` Rep.
288; 2 R. 22 of Kaines; No. 329; Sugd. Sell. 6; Bouv. Index inst. Index, h.t. and obfuscation; Deformation.
A promise made as insurance to persuade the other party to enter into the contract must be kept to a large extent, and if the presentation is a statement of facts, it must be substantially true. For example, displaying a car with ten miles of mileage represents insurance for a potential buyer that the car has only been driven for ten miles. Representation refers to any representation, express or implied, made by either party to another party with respect to a particular fact or circumstance that serves to influence the performance of the transaction. Within the meaning of the Law of Filiation and Distribution, representation is the principle according to which the question of a deceased person inherits the part of an estate that that person would have taken if he had lived. 3. The fact that a party to the proceedings has such a close balancing of interests with another person that it is presumed that the other person was present in the dispute. For example, the designated applicant ensured adequate representation of absent group members; 1. A statement of facts made for the purpose of causing someone to become a party to a transaction or contract. The presentation of the fact can be done by words or by behavior and should prompt a person to act.
For example, the buyer relied on the seller`s assurance that the roof was not leaking; (v. 1) act as an agent for others. 2) act as a lawyer to a client. 3) say something as a fact, like, “I`ll tell you, this horse is only four years old.” 4) make a point in court, such as “I promise the court that we will present six witnesses”, “We declare that this is the final contract between the parties”. n. 1) being someone else`s agent. 2) Act as a lawyer for a client. (3) the finding of alleged facts, either in the course of negotiations or before a court. (See: represented) REPRESENTATION, Scottish law. The name of a plea or statement submitted to an ordinary Lord of the Court of Sessions during the review of his judgment. Home » Dictionary » Representation (in the context of contract law) An oral or written statement of fact made by one party to another party before or at the time of entering into a contract on a related matter or circumstance. Any action or behavior that can be turned into a factual claim.
2. An act or case in which another person acts or acts on behalf of another person, including as a lawyer for a client. For example, Mr. John represented the plaintiff in the litigation; .