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The role of the defendant is drastically different, however. In a lawsuit, the defendantâs aim is to disprove the allegations against him. A major difference between a plaintiff and a defendant is that the plaintiff must present a case. Technically, a defendant could remain silent in a lawsuit and merely leave the burden on the plaintiff. For a defendant to proceed through a lawsuit without presenting any evidence or arguments is not a common strategy.
The primary difference between misrepresentation cases and fraud cases is that, in a misrepresentation case, the defendant was either unaware that the material fact was false (innocent misrepresentation), or the defendant did not bother to find out whether the fact was false or true (negligent misrepresentation).isrepresentation may also be known as âinnocent misrepresentationâ or ânegligent misrepresentation,â depending on the laws of the particular state that hears the case. In any misrepresentation case, the elements the plaintiff is required to prove typically include: