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Simple English definitions for legal terms
affirmative representation
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A quick definition of affirmative representation:
Affirmative representation: A statement or action that tells someone else that something is true. This can be used to convince someone to do something, like sign a contract. If the representation is not true, it can be called a false representation or misrepresentation. If the representation is really important to the contract, it is called a condition. If it is not as important, it is called a warranty.
A more thorough explanation:
Affirmative representation is a presentation of facts, either through words or actions, that is made to convince someone to take a certain action, such as entering into a contract. It is a statement that asserts the existence of certain facts related to a particular subject matter.
For example, if a seller tells a buyer that a car has never been in an accident, that is an affirmative representation. If the buyer relies on this statement and purchases the car, but later discovers that it was in fact in an accident, the buyer may have legal recourse against the seller for making a false affirmative representation.
Affirmative representation can be a vital term in a contract, known as a "condition," or an independent subsidiary promise, known as a "warranty." If an affirmative representation becomes a substantive part of the contract and is later found to be untrue, it may entitle the injured party to repudiate the entire contract or seek damages.