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Business law and contract law require special attention from knowledgeable attorneys that will focus on your particular case of misrepresentation and breach of contract. The Law Offices of Jesus Zuniga has these knowledgeable, qualified, and skilled staff that can best assist you and your business contract needs.

Sometimes a contract or agreement was entered into with one party having the intent to misrepresent their terms so they may have an unfair advantage over the other party(ies). In the court system, misrepresentation is a term known as a contract defense. Contract defenses are considered to protect people from unfairness or inequality in the process of bargaining, or in the core of the contract itself. If there is a valid defense to a contract such as misrepresentation, then, the contract may be void-able or even considered void if the misrepresentation was extreme. This means that the party to the contract who was the victim of the inequality may be able to cancel or revoke the contract and if the extreme unfairness exists, the void contract is declared by the court that it was never formed.

Misrepresentation focuses on dishonesty in bargaining. A misrepresentation may be: a false statement of fact; the deliberate withholding of information which a party has a duty to disclose; or an action that conceals a fact (for example, painting over water damage when selling a house). The intent of misrepresentation can be shown if it was a persuading factor in the victim party’s decision to enter into the contract with the offending party. One example would be if products are bought and sold between companies and there is a misrepresentation made knowingly. If there were false facts or promises made regarding the quality or performance of the products sold and bought, then that would be actionable to pursue the charge of misrepresentation.

Misrepresentation can be categorized into three terms: fraudulent, negligent, and innocent. Fraudulent is what is referred to above as when there is an intent to deceive. Negligent misrepresentation means the representation was made carelessly and there were no rational reasons for believing it. Innocent misrepresentation denotes that the representor reasonably believed his misrepresentation to be true. It is also important to show that the statement that is under examination for misrepresentation be shown NOT to be an actual term of the contract.

Breach of contract can be a costly injury in business. If you have been a victim of misrepresentation, it is important that you receive the legal assistance vital to your case and your business. The Law Offices of Jesus Zuniga will give you the time and attention your case needs to achieve the best possible outcome for you.
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