"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.