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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]
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.
In common law jurisdictions, as a criminal offense, fraud takes many different forms, some general (e.g., theft by false pretense) and some specific to particular categories of victims or misconduct (e.g., bank fraud, insurance fraud, forgery). The elements of fraud as a crime similarly vary.
The Kansas Supreme Court appeared skeptical this week of a 2021 state law criminalizing “false representation” of an election official. Civic groups say the measure hampers voter registration ...
The Kansas Supreme Court on Friday revived a lawsuit by civic groups challenging a state law criminalizing “false representation” of an election official, but didn’t rule on the law itself ...
The Act gives a statutory definition of the criminal offence of fraud, defining it in three classes - fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position.
Derry v Peek [1889] UKHL 1 is a case on English contract law, fraudulent misstatement, and the tort of deceit. Derry v Peek established a 3-part test for fraudulent misrepresentation, [1] whereby the defendant is fraudulent if he: (i) knows the statement to be false, [2] or (ii) does not believe in the statement, [3] or (iii) is reckless as to ...
The law referenced in the post was not repealed, it was amended. And the legislation refers only to broadcasts the U.S. government produces for foreign audiences.