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Legal Business

In: Business and Management

Submitted By amorsiempre2008
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In misrepresentation the person making the false statement believes it to be true. In fraud the false statement is a person who knows that it is false or he does not care to know whether it is true or not. There is no intention to deceive the other party with misrepresentation. When it comes to fraud the whole purpose is to deceive. Like if I sold a piece of land to bob, which I already sold it to frank. I am committing fraud because I did not tell bob that I already sold it to frank. I am doubling my money on two people, which I can only selling it to one knowingly. Misrepresentation is like if I send my package by mail without them weighing it telling them it weights 20lbs, which in fact it weights 40lbs. The company charges me a lower rate then the actual rate.

The difference between fraud and misrepresentation in my opinion is that with fraud, the party is stating a factual wrong, knowingly; with misrepresentation is a bit sticker to explain in that say you are in retail and you are selling vaccuum cleaners for a company that has given you the speal to read to your potential buyers stating it does this and that, however you may not know for sure if it does this and that but it's your job to tell potential buyers all of the features, and let's say it doesn't do something it is supposed to, that is what I feel is misrepresentation. Altough it may be innocent on the part of the employee who was trained to say these things, but it could be potential fruad of the company, if they know for a fact it does not do these things they promise it does.
If I sell a person a car that I knew had been flood damaged, and the buyer has asked me whether or not it has had flood damage and I tell him it has not, that to me is fraud.
If I sell a person a car that has had flood damage, but I didn't know it had the damage because the person I bought it from didn't tell me, and I told him the person I was selling it to that it did not, then that to me is a misrepresentation.

That is a prefect example of fraud and misrepresentation. Owner of car sometimes does not know if there is damage to car unless they get the car facts. Then they resell the car and the customer tries to sue for damages. That is why most people sell the car “As Is” but a car dealership cannot sell a vehicle without the car facts. The dealership mechanics go through the car and write detailed damages that happened to the car once they received it.

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