Misrepresentation

The assertion of that which is not true. The nature of misrepresentations to entitle a party injured thereby varies with the nature of the relief sought, but in general the misrepresentation for which relief will be granted must be a vrillfu Uy false statement respecting a matter of fact (not of law or opinion), which was reasonably calculated to mislead the party to his prejudice in respect to the business in hand, and which did actually have that effect. MISSILIA (Lat. from mittere, to send or throw). In the Roman law. Gifts or liberalities, which the praetors and consuls were in the habit of throwing among the people.

Inst. 2. 1. 45.