Misrepresentation vs Mistake
A mistake frequently occurs in our daily lives, and we often apologize to others if our actions or lack of action cause inconvenience. A mistake is considered an accidental error, though sometimes, particularly in sports, players feel that a person committing mistakes repeatedly is doing so intentionally. Misrepresentation, on the other hand, is mostly referred to in contracts where an individual does not fully disclose all the facts to entice another party into the contract. This is also the case when a manufacturer does not mention the side effects of a product and only focuses on the benefits of the product to sell it in large quantities. There are other differences between misrepresentation and mistake, which will be discussed in this article.
Sometimes the lines between a mistake and misrepresentation get blurred when the person presenting the facts may not know the true facts and may think of the facts presented by him to be correct and accurate. This is then an innocent misrepresentation and also a mistake on their part, as they did not try to gather information from various sources. Thus an innocent misrepresentation is a mistake that can be considered a felony at best and does not result in severe penalties. However, when misrepresentation is willful, such as when a person does not disclose all the facts solely for monetary gains or to entice another party into signing a contract, it is deemed more severe and calls for strict action against the individual.
It is generally assumed that a person who is feeling sorry for their actions must be pardoned for their mistake or error. On the other hand, misrepresentation, as it means concealing some information for monetary gains, is unforgivable, as it may harm another person, either financially or physically.
Key Takeaways
- A mistake is inadvertent and only an error on the part of the person committing it, while misrepresentation is often willful, done with the intention of gaining wrongfully.
- Guilty parties committing a mistake are sorry for their actions and are mostly pardoned, as to err is human, but misrepresentation, when willful, is more serious and falls under provisions of law.
- Innocent misrepresentation is a mistake that can be considered a felony at best and does not result in severe penalties, while willful misrepresentation calls for strict action against the individual.
