Misrepresentation

Misrepresentation is a matter of substance essential material to the subject, whether by acts or by words, by maneuvers or by positive assertions whereby a person is misled and injured a perpetrated.  It is immaterial whether the misinterpret knew the matter to be false, or asserted it without knowing if it were true or false; for the affirmance of that which is not known to be true is as unjustifiable as the assertion of that which is known to be false, since it is equally a means of deception.  But equity would not relieve, if the misrepresentation were of a trifling or immaterial thing, or if the other party did not trust to it, or was not misled by it, or if it were vague and inconclusive in its own nature, or if it were upon a matter of opinion or fact equally open to the inquiries of both parties, and in regard to which neither could be presumed to have confided in the other, for vigilantibus, non-dormientibus, aquitas subvenit, Equity cannot indemnify a person from the consequences of indolence and folly, or of careless indifference and neglect of easily accessible means of information.