3. The fact that the interests of one party to the proceedings coincide so closely with those of another person that it is presumed that the other party was present in the dispute. For example, the applicant ensured adequate representation of the absent members of the group; 5. In international law, representation is a friendly but firm statement of perceived wrong. It is the lightest form of complaint that one nation can bring against another. This is also called diplomatic representation. In that case, the difference was whether the seller “Breslin and Dawson” was the subject of a claim for misrepresentation of £16.5 million or a claim of £6 million for breach of warranty. REPRESENTATION, insurance. Insurance is an ancillary statement, either by a written statement that has not been included in the policy, or by parl, of such facts or circumstances relating to the proposed adventure, which must be communicated to insurers so that they can make a fair estimate of the risk. 2. Insurance, such as a guarantee, may be asserted where the insured person alleges the existence of a fact or circumstance likely to affect the risk; or promissory, as when he engages in the execution of something executable. 3. There is an important difference between insurance and guarantee.
4. A warranty, which is a condition under which the contract comes into effect, is always part of the written policy and must appear on the front. Swamp. Ins. v. 9, para. 2. While a representation is only a matter of ancillary information or information on the subject of the insured trip and is not part of the policy. A guarantee which has the character of a suspensive state must be strictly and literally observed; but it is sufficient that if the statement is essentially true, whether or not a guarantee is material to the risk, the insured should base his claim for compensation on the exact veracity of the claim, if it is asserted, or on the exact satisfaction of that claim if it is performed; However, it is sufficient that a declaration is made without fraud and that it is not incorrect in any material respect, or if it is substantially completed, even if it is not literally. A false warranty avoids the policy, as it constitutes a breach of the condition under which the contract must take effect; and the insurer is not liable for damages that do not result from the breach of coverage; Misrepresentation is not a breach of contract, but if it is material, avoids the policy because of fraud or at least because the insurer was misled by it. Swamp.
Insurance. B. 1, c. 10, s. 1; Dougl. R. 247: 4 Bro. C. C.
482. See 2 Caines` R. 155; 1 John. Case 408; 2 Caines` Cas. 173, n.; 3 John. Case 47; 1. Rep. 288 de Caines; 2 Caines` R. 22; Id. 329; Sugd. Sell. 6; Bouv.
Inst. Index, h.t. and concealment; Deformation. In application of the law of filiation and distribution, representation is the principle according to which the deliverance of a deceased person inherits from an estate that he would have taken if he had lived. The facts were that Sycamore had acquired a Breslin and Dawson company for £16.5 million under a share purchase agreement. After the purchase, the buyer discovered errors in the seller`s accounts, which he had relied on when buying the business. The agreement had been subject to a number of explicit guarantees in the share purchase agreement regarding the value of the accounts. However, liability for those guarantees had been expressly limited. Sycamore Bidco Ltd attempted to argue that these were in fact false statements which it had introduced into the contract (the liability of these insurances was unlimited).
It is apparent from the judgment in sycamore that the parties must consider carefully how they intend to use the terms `insurance` and `guarantees` and, in particular, whether they should be defined separately in the contract (giving rise to different remedies in the event of a breach). A guarantee is a statement contained in the contract. If this is not the case, the receiving party has a claim for breach of contract. If it is a material breach, the receiving party may have the right to terminate the contact in addition to a claim for damages. However, unlike a claim for misrepresentation, the contract is not cancelled/1. A statement of fact made for the purpose of encouraging someone to become a party to a transaction or contract. The presentation of facts can be done through words or behaviour and should lead a person to act. For example, the buyer relied on the seller`s statement that the roof was not leaking; A representation is a finding of fact on which the receiving party relies and which leads him to conclude the contract.
This is usually before the contract, but can also be repeated in the contract. A party may make false statements if a false statement has been made. They may have the right to terminate the contract, which means that the contract is cancelled and the receiving party may also be entitled to compensation to put them back in the situation they would have been in if the contract had never been concluded. n. a persuasive statement made to persuade someone to enter into a contract that the person would not have accepted but for the claim. If the material statement is found to be false or misleading, the contract may be terminated or cancelled without liability. For example, the display of a car with a mileage of ten miles represents a representation to a potential buyer that the car was only driven ten miles. Representation means any express or implied statement by either party to another with respect to a particular fact or circumstance that serves to influence the conclusion of the transaction.