earticle

영어

This paper contains the misrepresentation in America law, especially the classification of the misrepresentation. First, the concept of the misrepresentation is explained in which the misrepresentation means a false statement of fact made by on party to another party, which had the effect of inducing that party into the contract. Second, the condition of misrepresentation is suggested in detail; a false statement of fact has been made, the statement was directed at the suing party and
the statement had acted to induce the suing party to contract. Any others are presented; there is a different point between a statement of fact and a statement of law. As far as a statement of law is violated in law, the claim for damages exists.
However the claim for damages don't appear because of the violation of a statement of law. Recently according to Lord Denning, the distinction between a statement of fact and a statement of law is very imaginary. Moreover, the learned falsity and an intented party to the misrepresentation are explained concerning the misrepresentation. Third, the classification of the misrepresentation is presented in detail; fraudulent misrepresentation, negligent misrepresentation, innocent misrepresentation. In addition, there is no clear distinction between innocent and culpable misrepresentations. Obviously, if a party ha actual knowledge that certain statements are untrue, his misrepresentation cannot be regarded as innocent.
Finally, above mentioned contents are summarized concisely. The misrepresentation appear base on a false statement which is limited to only fact which exist now and in the past without in the future.