| slovo | definícia |
representation
(mass) | representation
- predstavenie, reprezentácia |
Representation
(gcide) | Representation \Rep`re*sen*ta"tion\ (-z?n-t?"sh?n), n. [F.
repr?sentation, L. representatio.]
1. The act of representing, in any sense of the verb.
[1913 Webster]
2. That which represents. Specifically:
(a) A likeness, a picture, or a model; as, a
representation of the human face, or figure, and the
like.
(b) A dramatic performance; as, a theatrical
representation; a representation of Hamlet.
(c) A description or statement; as, the representation of
an historian, of a witness, or an advocate.
(d) The body of those who act as representatives of a
community or society; as, the representation of a
State in Congress.
(e) (Insurance Law) Any collateral statement of fact, made
orally or in writing, by which an estimate of the risk
is affected, or either party is influenced.
[1913 Webster]
3. The state of being represented.
[1913 Webster]
Syn: Description; show; delineaton; portraiture; likeness;
resemblance; exhibition; sight.
[1913 Webster] |
Re-presentation
(gcide) | Re-presentation \Re-pres`en*ta"tion\ (r?-prez`?n-t?"sh?n), n.
[See Re-present.]
The act of re-presenting, or the state of being presented
again; a new presentation; as, re-presentation of facts
previously stated.
[1913 Webster] |
REPRESENTATION
(bouvier) | REPRESENTATION, insurances. A representation is a collateral statement,
either by writing not inserted in the policy, or by parol, of such facts or
circumstances relative to the proposed adventure, as are necessary to be
communicated to the underwriters, to enable them to form a just estimate of
the risk.
2. A representation, like a warranty, may be either affirmative, as
where the insured avers the existence of some fact or circumstance which may
affect the risk; or promissory, as where he engages the performance of,
something executory.
3. There is a material difference between a representation and a
warranty.
4. A warranty, being a condition upon which the contract is to take
effect, is always a part of the written policy, and must appear on the face
of it. Marsh. Ins. c. 9, Sec. 2. Whereas a representation is only a matter
of collateral information or intelligence on the subject of the voyage
insured, and makes no part of the policy. A warranty being in the nature of
a condition precedent, must be strictly and literally complied with; but it
is sufficient if the representation be true in substance, whether a warranty
be material to the risk or not, the insured stakes his claim of indemnity
upon the precise truth of it, if it be affirmative, or upon the exact
performance of it, if executory; but it is sufficient if a representation be
made without fraud, and be not false in any material point, or if it be
substantially, though not literally, fulfilled. A false warranty avoids the
policy, as being a breach of the condition upon which the contract is to
take effect; and the insurer is not liable for any loss though it do not
happen in consequence of the breach of the warranty; a false representation
is no breach of the contract, but if material, avoids the policy on the
ground of fraud, or at least because the insurer has been misled by it.
Marsh. Insur. B. 1, c. 10, s. 1; Dougl. R. 247: 4 Bro. P. C. 482.
See 2 Caines' R. 155; 1 Johns. Cas. 408; 2 Caines' Cas. 173, n.; 3
Johns. Cas. 47; 1 Caines' Rep. 288; 2 Caines' R. 22; Id. 329; Sugd. Vend. 6;
Bouv. Inst. Index, h.t. and Concealment; Misrepresentation.
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REPRESENTATION
(bouvier) | REPRESENTATION, Scotch law. The name of a plea or statement presented to a
lord ordinary of the court of sessions, when his judgment is brought under
review.
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| | podobné slovo | definícia |
representation
(mass) | representation
- predstavenie, reprezentácia |
Misrepresentation
(gcide) | Misrepresentation \Mis*rep`re*sen*ta"tion\, n.
Untrue representation; false or incorrect statement or
account; -- usually unfavorable to the thing represented; as,
a misrepresentation of a person's motives. --Sydney Smith.
[1913 Webster]
Note: In popular use, this word often conveys the idea of
intentional untruth.
[1913 Webster] |
nonrepresentational
(gcide) | nonrepresentational \nonrepresentational\ adj. (Art)
not intended to realistically represent a physical object; --
of visual art work. Opposite of representational. [Narrower
terms: {abstract, abstractionist, nonfigurative, nonobjective
; {conventional, formal, schematic ; {geometric, geometrical
; protogeometric ; {semiabstract ] Also See: {abstract.
Syn: nonobjective.
[WordNet 1.5] |
Representation
(gcide) | Representation \Rep`re*sen*ta"tion\ (-z?n-t?"sh?n), n. [F.
repr?sentation, L. representatio.]
1. The act of representing, in any sense of the verb.
[1913 Webster]
2. That which represents. Specifically:
(a) A likeness, a picture, or a model; as, a
representation of the human face, or figure, and the
like.
(b) A dramatic performance; as, a theatrical
representation; a representation of Hamlet.
(c) A description or statement; as, the representation of
an historian, of a witness, or an advocate.
(d) The body of those who act as representatives of a
community or society; as, the representation of a
State in Congress.
(e) (Insurance Law) Any collateral statement of fact, made
orally or in writing, by which an estimate of the risk
is affected, or either party is influenced.
[1913 Webster]
3. The state of being represented.
[1913 Webster]
Syn: Description; show; delineaton; portraiture; likeness;
resemblance; exhibition; sight.
[1913 Webster]Re-presentation \Re-pres`en*ta"tion\ (r?-prez`?n-t?"sh?n), n.
[See Re-present.]
The act of re-presenting, or the state of being presented
again; a new presentation; as, re-presentation of facts
previously stated.
[1913 Webster] |
Representationary
(gcide) | Representationary \Rep`re*sen*ta"tion*a*ry\
(r?p`r?--z?n-t?"sh?n-?-r?), a.
Implying representation; representative. [R.]
[1913 Webster] |
MISREPRESENTATION
(bouvier) | MISREPRESENTATION, contracts. The statement made by a party to a contract,
that a thing relating to it is in fact in a particular way, when he knows it
is not so.
2. The misrepresentation must be both false and fraudulent, in order to
make the party making it, responsible to the other for damages. 3 Com. R.
413; 10 Mass. R. 197; 1 Rep. Const. Court, 328, 475, Yelv. 21 a, note l;
Peake's Cas. 115; 3 Campb. 154; Marsh. Ins. B. 1, c. 10, s. 1. And see
Representation. It is not every misrepresentation which will make a party
liable; when a mere misstatement of a fact has been erroneously made,
without fraud, in a casual, improvident communication, respecting a matter
which the person to whom the communication was made, and who had an interest
in it, should not have taken upon trust, but is bound to inquire himself,
and had the means of ascertaining the truth, there would be no
responsibility; 5 Maule & Selw. 380; 1 Chit. Pr. 836; 1 Sim. R. 13, 63; and
when the informant was under no legal pledge or obligation as to the precise
accuracy and correctness of his statement, the other party can maintain no
action for the consequences of that statement, upon which it was his
indiscretion to place reliance. 12 East, 638; see also, 2 Cox, R. 134; 13
Ves. 133; 3 Bos. & Pull. 370; 2 East, 103; 3 T. R, 56, 61; 3 Bulstr. 93; 6
Ves. 183; 3 Ves. & Bea. 110; 4 Dall. R. 250. Vide Concealment;
Representation; Suggestio falsi; Suppressio veri.
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REPRESENTATION
(bouvier) | REPRESENTATION, insurances. A representation is a collateral statement,
either by writing not inserted in the policy, or by parol, of such facts or
circumstances relative to the proposed adventure, as are necessary to be
communicated to the underwriters, to enable them to form a just estimate of
the risk.
2. A representation, like a warranty, may be either affirmative, as
where the insured avers the existence of some fact or circumstance which may
affect the risk; or promissory, as where he engages the performance of,
something executory.
3. There is a material difference between a representation and a
warranty.
4. A warranty, being a condition upon which the contract is to take
effect, is always a part of the written policy, and must appear on the face
of it. Marsh. Ins. c. 9, Sec. 2. Whereas a representation is only a matter
of collateral information or intelligence on the subject of the voyage
insured, and makes no part of the policy. A warranty being in the nature of
a condition precedent, must be strictly and literally complied with; but it
is sufficient if the representation be true in substance, whether a warranty
be material to the risk or not, the insured stakes his claim of indemnity
upon the precise truth of it, if it be affirmative, or upon the exact
performance of it, if executory; but it is sufficient if a representation be
made without fraud, and be not false in any material point, or if it be
substantially, though not literally, fulfilled. A false warranty avoids the
policy, as being a breach of the condition upon which the contract is to
take effect; and the insurer is not liable for any loss though it do not
happen in consequence of the breach of the warranty; a false representation
is no breach of the contract, but if material, avoids the policy on the
ground of fraud, or at least because the insurer has been misled by it.
Marsh. Insur. B. 1, c. 10, s. 1; Dougl. R. 247: 4 Bro. P. C. 482.
See 2 Caines' R. 155; 1 Johns. Cas. 408; 2 Caines' Cas. 173, n.; 3
Johns. Cas. 47; 1 Caines' Rep. 288; 2 Caines' R. 22; Id. 329; Sugd. Vend. 6;
Bouv. Inst. Index, h.t. and Concealment; Misrepresentation.
REPRESENTATION, Scotch law. The name of a plea or statement presented to a
lord ordinary of the court of sessions, when his judgment is brought under
review.
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REPRESENTATION OF PERSONS
(bouvier) | REPRESENTATION OF PERSONS; A fiction of the law, the effect of which is to
put the representative in the place, degree, or right of the person
represented.
2. The heir represents his ancestor. Bac. Abr. Heir and Ancestor, A.
The devisee, his testator; the executor, his testator; the administrator,
his intestate; the successor in corporations, his predecessor. And generally
speaking they are entitled to the rights of the persons whom they represent,
and bound to fulfill the duties and obligations, which were binding upon them
in those characters.
3. Representation was unknown to the Romans, and was invented by the
commentators and doctors of the civil law. Toull. Dr. Civ. Fr. liv. 3, t. 1,
c. 3, n. 180. Vide Ayl. Pand. 397; Dall. Diet. mot Succession, art. 4, Sec.
2.
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