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Misrepresentation

Description: This quiz will test your knowledge on the legal concept of misrepresentation.
Number of Questions: 14
Created by:
Tags: tort law misrepresentation
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Which of the following is an essential element of misrepresentation?

  1. A statement of fact

  2. An intention to deceive

  3. Reliance on the statement

  4. All of the above

Show answer
Correct Option: D
Explanation:

In order to establish a claim for misrepresentation, the plaintiff must prove that the defendant made a statement of fact, that the defendant intended to deceive the plaintiff, that the plaintiff relied on the statement, and that the plaintiff suffered damages as a result.

What is the difference between fraudulent misrepresentation and negligent misrepresentation?

  1. Fraudulent misrepresentation requires an intent to deceive, while negligent misrepresentation does not.

  2. Negligent misrepresentation requires an intent to deceive, while fraudulent misrepresentation does not.

  3. Fraudulent misrepresentation requires a statement of fact, while negligent misrepresentation does not.

  4. Negligent misrepresentation requires a statement of fact, while fraudulent misrepresentation does not.

Show answer
Correct Option: A
Explanation:

Fraudulent misrepresentation requires the defendant to have an intent to deceive the plaintiff, while negligent misrepresentation only requires the defendant to have been careless or negligent in making the statement.

What is the remedy for misrepresentation?

  1. Rescission of the contract

  2. Damages

  3. Injunction

  4. All of the above

Show answer
Correct Option: D
Explanation:

The remedy for misrepresentation may include rescission of the contract, damages, or an injunction.

What is the statute of limitations for misrepresentation?

  1. 2 years

  2. 3 years

  3. 4 years

  4. 6 years

Show answer
Correct Option: D
Explanation:

The statute of limitations for misrepresentation is generally 6 years.

Which of the following is an example of a misrepresentation?

  1. A statement that a car is in good condition when it is actually not.

  2. A statement that a house is located in a safe neighborhood when it is actually not.

  3. A statement that a stock is a good investment when it is actually not.

  4. All of the above

Show answer
Correct Option: D
Explanation:

All of the above statements are examples of misrepresentation.

What is the difference between a misrepresentation and a warranty?

  1. A misrepresentation is a statement of fact, while a warranty is a promise.

  2. A warranty is a statement of fact, while a misrepresentation is a promise.

  3. A misrepresentation is made before the contract is entered into, while a warranty is made after the contract is entered into.

  4. A warranty is made before the contract is entered into, while a misrepresentation is made after the contract is entered into.

Show answer
Correct Option: A
Explanation:

A misrepresentation is a statement of fact that is made before the contract is entered into, while a warranty is a promise that is made after the contract is entered into.

What is the difference between a misrepresentation and a puff?

  1. A misrepresentation is a statement of fact, while a puff is an opinion.

  2. A puff is a statement of fact, while a misrepresentation is an opinion.

  3. A misrepresentation is made with the intent to deceive, while a puff is not.

  4. A puff is made with the intent to deceive, while a misrepresentation is not.

Show answer
Correct Option: A
Explanation:

A misrepresentation is a statement of fact that is made with the intent to deceive, while a puff is an opinion that is not made with the intent to deceive.

What is the difference between a misrepresentation and a mistake?

  1. A misrepresentation is a statement of fact, while a mistake is a belief.

  2. A mistake is a statement of fact, while a misrepresentation is a belief.

  3. A misrepresentation is made with the intent to deceive, while a mistake is not.

  4. A mistake is made with the intent to deceive, while a misrepresentation is not.

Show answer
Correct Option: A
Explanation:

A misrepresentation is a statement of fact that is made with the intent to deceive, while a mistake is a belief that is not made with the intent to deceive.

What is the difference between a misrepresentation and a non-disclosure?

  1. A misrepresentation is a statement of fact, while a non-disclosure is a failure to disclose a fact.

  2. A non-disclosure is a statement of fact, while a misrepresentation is a failure to disclose a fact.

  3. A misrepresentation is made with the intent to deceive, while a non-disclosure is not.

  4. A non-disclosure is made with the intent to deceive, while a misrepresentation is not.

Show answer
Correct Option: A
Explanation:

A misrepresentation is a statement of fact that is made with the intent to deceive, while a non-disclosure is a failure to disclose a fact that is material to the transaction.

What is the difference between a misrepresentation and a breach of contract?

  1. A misrepresentation is a statement of fact, while a breach of contract is a failure to perform a promise.

  2. A breach of contract is a statement of fact, while a misrepresentation is a failure to perform a promise.

  3. A misrepresentation is made with the intent to deceive, while a breach of contract is not.

  4. A breach of contract is made with the intent to deceive, while a misrepresentation is not.

Show answer
Correct Option: A
Explanation:

A misrepresentation is a statement of fact that is made with the intent to deceive, while a breach of contract is a failure to perform a promise that is made in the contract.

What is the difference between a misrepresentation and a fraud?

  1. A misrepresentation is a statement of fact, while a fraud is a deliberate deception.

  2. A fraud is a statement of fact, while a misrepresentation is a deliberate deception.

  3. A misrepresentation is made with the intent to deceive, while a fraud is not.

  4. A fraud is made with the intent to deceive, while a misrepresentation is not.

Show answer
Correct Option: A
Explanation:

A misrepresentation is a statement of fact that is made with the intent to deceive, while a fraud is a deliberate deception that is made with the intent to cause harm.

What is the difference between a misrepresentation and a negligence?

  1. A misrepresentation is a statement of fact, while a negligence is a failure to exercise due care.

  2. A negligence is a statement of fact, while a misrepresentation is a failure to exercise due care.

  3. A misrepresentation is made with the intent to deceive, while a negligence is not.

  4. A negligence is made with the intent to deceive, while a misrepresentation is not.

Show answer
Correct Option: A
Explanation:

A misrepresentation is a statement of fact that is made with the intent to deceive, while a negligence is a failure to exercise due care that results in harm.

What is the difference between a misrepresentation and a strict liability?

  1. A misrepresentation is a statement of fact, while a strict liability is a liability without fault.

  2. A strict liability is a statement of fact, while a misrepresentation is a liability without fault.

  3. A misrepresentation is made with the intent to deceive, while a strict liability is not.

  4. A strict liability is made with the intent to deceive, while a misrepresentation is not.

Show answer
Correct Option: A
Explanation:

A misrepresentation is a statement of fact that is made with the intent to deceive, while a strict liability is a liability that is imposed without regard to fault.

What is the difference between a misrepresentation and a battery?

  1. A misrepresentation is a statement of fact, while a battery is an intentional touching.

  2. A battery is a statement of fact, while a misrepresentation is an intentional touching.

  3. A misrepresentation is made with the intent to deceive, while a battery is not.

  4. A battery is made with the intent to deceive, while a misrepresentation is not.

Show answer
Correct Option: A
Explanation:

A misrepresentation is a statement of fact that is made with the intent to deceive, while a battery is an intentional touching that is harmful or offensive.

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