untrue

Legal TermLegal glossary term

Legal Definition

A statement or representation that is false, untrue, or inaccurate when it should be true. In a legal context, this refers to a misrepresentation of fact within a contract, pleading, or official document.

Plain-English Translation

Imagine something is said or written, but the truth isn't correct; it's wrong or misleading. For example, if someone says 'The sky is blue,' but the actual color is green, then the statement is untrue because it doesn't match reality.

Context in Contracts

It matters because an untrue statement can form the basis for legal claims, defenses, or remedies. If a party's representation is proven untrue, it can lead to a breach of contract claim, a tort claim, or a successful challenge against a false assertion made in litigation.

Visual model

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01

A claim in a complaint that is untrue regarding the actual facts of the case.

02

A representation made by the defendant that is proven to be false during a cross-examination.

Document context

How untrue shows up in legal documents

What is it?

A statement or representation that is false, untrue, or inaccurate in a legal context. This term applies when a factual assertion made within a legal document (like a contract or complaint) fails to reflect the actual reality or established truth.

Why does it matter?

It matters because an untrue statement can form the basis for legal claims, defenses, or remedies. If a party's representation is proven untrue, it can lead to a breach of contract claim, a tort claim, or a successful challenge against a false assertion made in litigation.

When does it matter?

When a factual assertion within a pleading, affidavit, or contractual clause is demonstrably incorrect or misstated compared to the actual reality or established truth. It appears when an obligation or representation fails to meet its stated condition.

Where is it usually seen?

In legal documents such as pleadings, affidavits, discovery responses, or contractual clauses where a factual claim is made but that claim is ultimately proven to be false or inaccurate under judicial scrutiny.

Who is affected?

The parties involved in the litigation process, including plaintiffs, defendants, and regulatory bodies, are affected because their claims or defenses depend on the accuracy of the representations made by other parties.

How does it work?

It works by demonstrating that a representation made by one party (e.g., a contractual term) is factually incorrect when compared against the actual reality or established truth, thereby justifying a legal challenge or remedy.

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Wikipedia

Untrue

Untrue may refer to: Falsehood False (logic) Untrue (album), a 2007 album by Burial, or the title song "Untrue", a 2014 single by Tchami "Untrue", a song by Katatonia from the album Brave Yester Days "Untrue", a song by Coal Chamber from the album Chamber...

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