Representation law involves two parties that make a statement within a contract to include pertinent information.

What Is Representation?

Representation can involve the following:

  • A proxy or agent acting on behalf of someone.
  • A counsel acting on behalf of a client.
  • An executor or administrator acting on behalf of someone who has passed away.
  • An elected legislative representative acting on behalf of a body of voters.

Representation in Contracts

Contracts in representation law involve one of two contracting parties making a statement to the other. These individuals make this statement either before or after they create the contract and include information about the facts involved in the contract.

These parties can either express the statement in words or through an action such as signing the contract. No matter how the statement is made, whether verbal or written, this representation includes any type of:

  • Warranty
  • Condition
  • Undertaking

If a person enters into a contract and experiences untrue or misleading representation, he or she can sue for damages and/or pursue overturning the contract.

Representation in Insurance

For representation in insurance, the underwriters must make a collateral statement to establish an estimation of risks. Again, either through a written or oral statement, the parties provide information that contains facts or information related to the insurance.

Either the applicant or the insurer provides this information before or directly after making the contract. That way, both parties can introduce changes made to the policy.

Representation for Other People

Attorneys can represent and act or stand on behalf of another person, particularly when it comes to litigation proceedings. Conversely, if a litigant has a vested interest with anyone else involved in the legal action, that individual can represent the absent members.

Representation in Descent and Distribution

This representation comes into play when an individual that has died inherits an estate after he or she passes away. If alive, the deceased would have taken control of the estate, so representation occurs in the form of descent and distribution.

Representation as a Warranty

Like a warranty, representation can be

  • Affirmative, involving a case where the insured brings about a fact or circumstance that affects the risk.
  • Promissory, involving the performance of something executive.

However, there is a difference between a warranty and representation. A warranty is a condition upon which the contract takes effect. It is always part of a written policy and must appear as such. Representation only involves collateral information on the insured portion and is not found in the policy.

If you have a warranty involving a condition precedent, you must comply with it. The insured party must stake his or her claim of indemnity upon it. Sufficient representation is made as long as there's no fraud, falsification, or unfulfillment.

False warranties involve a breach of contract and, therefore, avoid the policy. The insurer isn't liable for any loss that occurs as a result of the warranty's breach. False representation is not a breach of the contract, however, if the policy does not go into effect on the grounds of fraud. This is because the insurer received misleading information.

Other Types of Representation Law

Other types of representation law include the following:

  • International law. This type of representation is a mild complaint that one country makes about another. Also called diplomatic representation, it's viewed as a friendly statement about a perceived wrong.
  • Scots law. This representation from Scotland's legal system involves a statement or plea presented to a lord ordinary of the court of sessions. The lord ordinary's judgment is brought under review.
  • Legislative law. In this type of representation, an elected person in the legislative body serves on behalf of the voters in his or her area.

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