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I refer particularly to this, because as to some of the other farms it is stated in the particulars that the tenants had given notice to quit; so that the purchaser must have been led to believe that the tenants of Creyke's Hundreds and Misson Springs were continuing tenants. This again, as it seems to me, is a material misrepresentation.
The Federal Trade Commission Act defines an act or practice as deceptive "if there is a material misrepresentation or omission of information that is likely to mislead the consumer acting reasonably in the circumstances. A misrepresentation is material if it is likely to affect consumers' choices or conduct regarding an advertised product or ...
The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India.
People v. Sattlekau, Supreme Court of New York, Appellate Division, 12 App. Div. 42, 104 N.Y.S. 805 (1907), is a criminal case that established that if one false representation is plead in the indictment, at trial, evidence of other false representations would be admissible, [1] and for its holding that the misrepresentations as to material facts need not be only false representations about ...
The lawsuit includes claims for conspiracy, negligence, fraudulent misrepresentation and unfair business practices. It seeks an unspecified amount of compensatory and punitive damages.
Parties may rescind if they are the victims of a vitiating factor, such as misrepresentation, mistake, duress, or undue influence. [1] Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract (the status quo ante ).
Misselling is the deliberate, reckless, or negligent sale of products or services in circumstances where the contract is either misrepresented, or the product or service is unsuitable for the customer's needs.
Under common law, false pretense is defined as a representation of a present or past fact, which the thief knows to be false, and which he intends will and does cause the victim to pass title of his property. That is, false pretense is the acquisition of title from a victim by fraud or misrepresentation of a material past or present fact.