Fraudulent or Material Misrepresentation In Delaware
A misrepresentation is an "'assertion not in accordance with the facts'" Norton v. Poplos, Del.Supr., 443 A.2d 1, 5 (1982) (citing Restatement (Second) of Contracts, 159).
"Such an assertion may be made by conduct as well as words." Id.
A contract may be voidable on the basis of misrepresentation, be it fraudulent or innocent misrepresentation. Id.
However, for a contract to be voidable because of a misrepresentation, a party must show:
(1) There was a misrepresentation
(2) the misrepresentation was either fraudulent or material
(3) the misrepresentation induced the recipient to enter the contract
(4) the recipient's reliance on the misrepresentation was reasonable.
Alabi v. DHL Airways, Inc., Del.Super., 583 A.2d 1358, 1361 (1990) (citing Restatement (Second) of Contracts, 164).