law: Indian Contract Act, 1872 
  18. "Misrepresentation"
  
  defined
  "Misrepresentation" means and includes-
  (1) the positive assertion, in a manner not warranted by the
  
  information of the person making it, of that which is not true, though he
  
  believes it to be true;
  (2) any breach of duty which, without an intent to deceive,
  
  gains and advantage to the person committing it, or any one claiming under him;
  
  by misleading another to his prejudice, or to the prejudice of any one claiming
  
  under him;
  (3) causing, however innocently, a party to an agreement, to
  
  make a mistake as to the substance of the thing which is the subject of the
  
  agreement.