misrepresentation made with dishonest intention, or recklessly, or
carelessly made whether or not it was false or true. Allows not only
rescission of the contract at law, in equity, and damages for breach
of contract (if included as a term) but also damages in tort for
deceit. Upon discovering the fraud the aggrieved party should
immediately elect to either repudiate or affirm the contract. That
is, the contract is voidable.
with innocent misrepresentation. For example, the vendor's agent
states that the cottage for sale is not in a flight path when he/she
knows it is even after the potential purchaser has indicated quite
definitely that he/she would not buy the property if it is.