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the next defense we need to go over is misrepresentation and in short a misrepresentation is simply an assertion of fact that is not true and we have two major categories of misrepresentation we want to go over we have fraudulent misrepresentation and non-fraudulent misrepresentation of course a fraudulent misrepresentation is an intentional lie right its when the party is making an assertion of fact that is not true knowingly or recklessly with the intent to induce the other partys ascent a non-fraudulent misrepresentation is when a person lies on accident right they believe that their assertion of fact that is not true to be 100 true right at the time they make the statement they think theyre telling the truth but of course it turns out that what they said was actually an assertion of fact that was not true right so well come back to non-fraudulent misrepresentation lets start with fraudulent misrepresentation here were going to have two types of misrepresentation that we want