“Misrepresentation” defined :
Section – 18. “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 an 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. |