Fraud was defined as a willful misrepresentation, falsification, or omission of a material fact. She sued for negligence, negligent misrepresentation, fraud, deceptive trade and conspiracy. Fraud may consist of suppression, concealment or misrepresentation. Coverage can be rescinded if misrepresentation or fraud exists. The parties are accused of breach of contract, negligent misrepresentation, and fraud. So, I would consider that a blatant factual misrepresentation. Hosseinzadeh's additional claims of DMCA misrepresentation and defamation were also dismissed. Avoidance of provision excluding liability for misrepresentation. In November, they sued Klein for misrepresentation and breach of fiduciary duty. Only very recently was it decided that the same applies to a negligent misrepresentation. There is a link between character masks and the concept of deliberate misrepresentation and hypocrisy. Once misrepresentation has been proven, it is presumed to be "negligent misrepresentation", the default category. For fraud, damages are available for all losses that flow directly from the misrepresentation. The tort of passing off protects the goodwill of a trader from misrepresentation. A party induced by a misrepresentation is not obliged to check its veracity.