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representation


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N.

1 The state of being represented, e.g. by an elected representative in the House of Commons (see also Parliament), by a defending counsel in court, or by an agent acting on behalf of his principal.

2 (in succession) Taking the place of another. The court grants to executors or administrators the right to represent the deceased, i.e. to collect, sell, and transfer the deceased's assets (in accordance with the will or intestacy rules) as if they were the owners. Under the Wills Act 1837 a devise or legacy in favour of a child or remoter descendant of the testator who predeceases him leaving descendants of his own does not lapse but is inherited by those surviving descendants, who therefore represent their deceased ancestor (see per stirpes).

3 (in contract law) A statement. A person who has been induced to enter into a contract on the basis of a statement that is untrue or misrepresents a material fact may sue for damages or for rescission of the contract (see misrepresentation). Under the Consumer Credit Act 1974 a representation includes a condition, warranty, or any other statement or undertaking, either oral or in writing. Many contracts exclude all prior representations from terms of the contract, although in consumer contracts such an exclusion may be void if unfair.

Subjects: Law — Social Sciences.


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