Legal Definitions - expressio falsi

Expressio falsi is a Latin legal term that translates to "a false statement." It refers to an untrue assertion made by one party, which can have significant legal consequences, especially if it influences another party's actions or decisions.

Historically, and in modern legal practice, a material false statement can lead to various remedies, such as the cancellation (rescission) of a contract, or liability for the party who made the misrepresentation.

• Example 1: Real Estate Transaction

  Imagine a homeowner selling their property who explicitly tells a potential buyer that the house's basement has never experienced flooding, even though they recently had to clean up significant water damage from a burst pipe. This declaration is an expressio falsi. If the buyer relies on this false statement when purchasing the home and later discovers the truth after a subsequent flood, they might have grounds to seek legal remedies, such as rescinding the purchase agreement or claiming damages for the misrepresentation.

• Example 2: Loan Application

  Consider an individual applying for a business loan who submits financial documents to the bank that intentionally overstate the company's assets and revenue, making the business appear more financially stable than it actually is. The inflated figures presented in these documents constitute an expressio falsi. If the bank approves the loan based on these false statements and later discovers the deception, it could declare the loan in default, demand immediate repayment, or pursue legal action against the borrower for fraud or misrepresentation.

• Example 3: Product Warranty Claim

  Suppose a consumer attempts to return an electronic device under warranty, claiming it stopped working due to a manufacturing defect. However, they intentionally fail to disclose that they dropped the device, causing the damage, which would void the warranty. The consumer's claim of a manufacturing defect, while omitting the true cause of damage, is an expressio falsi. If the manufacturer discovers the truth, they would likely deny the warranty claim and could potentially take further action if the false statement was made with intent to defraud.