 | New York (State). Commissioners of the Code, New York (State). - 1865 - 896 pages
...suggestion,7 as a fact, of that which is not true, by one who does not believe it to be true ;8 2. The positive assertion, in a manner not warranted...that which is not true, though he believes it to be true;9 3. The suppression of that which is true, by one having knowledge or belief of the fact ;10... | |
 | India - 1878 - 710 pages
...inadvertence. This class of cases is described as 'misrepresentation.' Under it are placed — (i) The positive assertion, in a manner not warranted by the information of the party making it, of that which is not true, although he believes it to be true ; (ii) Any breach of... | |
 | India, Charles Colin Macrae - 1874 - 274 pages
...going to do the same. "Misrepresentation" 18. " Misrepresentation" means defined. and includes— (1) the positive assertion, in a manner not warranted...which is not true, though he believes it to be true ; (3) causing, however innocently, a party to an agreement, to make a mistake as to the substance of... | |
 | Frederick Pollock - 1876 - 692 pages
...last section substantially represent English law.] 18. Misrepresentation means and includes — (1) the positive assertion, in a manner not warranted by the information of the person making it, of lliut which is not true, though he Iwlieves it to be true ; deceive, gains an advantage to the person... | |
 | 1881 - 1116 pages
...The suggestion, as a fact, of that which is not true by one who does not believe it to be true. 2. The positive assertion in a manner not warranted by...which is not true, though he believes it to be true. 3. The suppression of that which is true by one having knowledge or belief of the fact. * * * 1. Any... | |
 | Frederick Pollock - 1881 - 848 pages
...unless his silence is in itself equivalent to speech. 18. Misrepresentation means and includes — (1) the positive assertion, in a manner not warranted...which is not true, though he believes it to be true ; (2) any breach of duty which, without an intent to deceive, gains an advantage to the person committing... | |
 | Punjab (India) - 1883 - 840 pages
...bound to inform B. " Misrepresentation" de- 18. " Misrepresentation" means and includes — fined. (1) the positive assertion, in a manner not warranted...which is not true, though he believes it to be true; (2) any breach of duty which, without an intent to deceive, gains an advantage to the person committing... | |
 | India, D. E. Cranenburgh - 1883 - 1108 pages
...Compare a. 238, vnjra., I See b. 113, injra. " de- 18. ' Misrepresentation' means and ineludes — (1) the positive assertion, in a manner not warranted...which is not true, though he "believes it to be true; (2) any breach of duty which, without an intent to deceive, gains an advantage to the person committing... | |
 | 1921 - 1150 pages
...with intent to deceive. 9. Fraud <Э= 1 3(3)— Statement believed to be true when actual fraud. A positive assertion in a manner not warranted by the...which is not true, though he believes it to be true, does not constitute actual fraud unless it is made with intent to deceive the other party to the contract... | |
 | 1914 - 1230 pages
...The suggestion, as a fact, of that which Is not true, by one who does not believe it to be true. (2) The positive assertion in a manner not warranted by...person making it, of that which is not true, though he believe it to be true. (3) The suppression of that which is true, by one having knowledge or belief... | |
| |
The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; 3. 
