The only differnce is that the former requires the additional element of intent. Misrepresentation may be by words or actions. A seller of goods is allowed to use puffery to sell his wares without liability for fraud. However, when a naive purchaser relies on a so-called expert's opinion, the innocent party may be entitled to recission or reformation based on misrepresentation. Inc. Misrepresentation can also take place through the conduct of a party, such as concealment .
Concealment involves preventing the other party from learning of a material fact.
Misrepresentation of law does not ordinarily entitle a party to relief from a contract. Exceptions to this rule occur, however, when the misrepresenting party is in a profession that is known to require greater knowledge of the law than the average citizen possesses. The courts are recognizing an increasing number of such professions. Ordinarily, neither party to a contract has a duty to come forward and disclose facts. Therefore, a contract cannot be set aside because certain pertinent information is not volunteered.