Representation in Europe

Definition of Representation

(1) One person is said to represent another when he takes his place. Thus, an agent represents his principal, and an executor his testator.
In intestacy, the rule of representation is that by which the children or other descendants of a deceased person who, if he had lived, would have taken property by virtue of an intestacy, stand in his place, so as to take that property. Under the Administration of Estates Act, 1925, s. 47, the issue of any child of an intestate who predeceased the intestate take the share which their parent would have taken if living at the death of the intestate ; and the same rule is extended to the issue of relatives of the intestate
(2) A representation is a statement or assertion made by one party to a contract to the other, before or at the time of the contract, of some matter or circumstance relating to it. A representation made during the making of a contract of sale may be (1) A mere expression of opinion, or simply ” puffing ” by a .seller of his goods : it is then inoperative. (2) A warranty (q.v.). (3) A condition (q.v.) as constituting part of the description of the thing sold, and an essential term of the contract. (4) If fake or fraudulent it may avoid the contract. See Misrepresentation. (5) It may create an estoppel (q.v.)

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Definition of Representation is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.

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