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A "representation" is a pre-contractual statement made during negotiations. [4] If a representation has been incorporated into the contract as a term, [5] then the normal remedies for breach of contract apply. Factors that determine whether or not a representation has become a term include: The relative expertise of the parties. [6] [7]
[3] If the victim has an interest is the property less than full title the acquisition of that interest through false representation can be false pretenses unless the only interest the person has is possession of the property. [4] In such case the crime would be larceny by trick rather than false pretenses. [4]
For rescission, he noted the difference of law (knowledge was necessary) and equity, where the approach was ‘A man is not to be allowed to say… that when he made it he did not know it to be false; he ought to have found that out before he made it’ and ‘no man ought to seek to take advantage of his own false statements’.
Judge David Aaronberg KC said that Gyunesh Ali, 34, had committed fraud by false representation “on an industrial scale” during the scheme involving fellow Bulgarians Galina Nikolova, 39 ...
Zeisler noted that the false assumption that a work that passes the test is "feminist" might lead to creators "gaming the system" by adding just enough women characters and dialogue to pass the test, [56] while continuing to deny women substantial representation outside of formulaic plots. Similarly, the critic Alyssa Rosenberg expressed ...
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A Kansas law that makes it a felony to impersonate an elections official is vague enough that voting rights advocates can pursue a legal challenge, the state's highest court ruled Friday, reviving ...