Which of the following is true with regard to misrepresentation?
A) Fraud in the execution is defined as some misrepresentation about the subject of the contract.
B) Fraud in the inducement is defined as a misrepresentation as to the character of the contract.
C) If a misrepresentation is intentional, it is non-fraudulent.
D) If a misrepresentation is unintentional, it is fraudulent.
E) A non-fraudulent misrepresentation can be innocent.

Question

Quizplus · Accepted Answer

A non-fraudulent misrepresentation can be innocent - it may be unintentional or made without knowledge of its falsity, but it can still be considered a misrepresentation. Fraud in the execution refers to a misrepresentation that affects the signing of the contract, while fraud in the inducement involves a misrepresentation that induces a party to enter into the contract. Intentional misrepresentations are considered fraudulent, while unintentional misrepresentations are not necessarily fraudulent.

Which of the Following Is True with Regard to Misrepresentation