Twisting is a misrepresentation that persuades an insured or a policy owner, to his or her detriment, to cancel, lapse, or switch policies.
Expressly making a misleading announcement that a party knows is untruthful is a misrepresentation if it leads the opposite birthday party to conform to a settlement. Assume, as an example, that an automobile shop clerk in a private transaction misrepresents the automobile's number of miles.
A misrepresentation is a false or deceptive assertion or a fabric omission that renders other statements deceptive, with reason to misinform. Misrepresentation is one of the factors of common law fraud, and different causes of action for fraud, which include securities fraud.
Fraudulent misrepresentation became defined through Lord Herschell in Derry v Peek (1889) as a false statement that is “made (i) knowingly, or (ii) without belief in its reality, or (iii) recklessly, careless as to whether or not it's actual or false.
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