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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.
It examines the Misrepresentation Act 1967 and addresses the extent of damages available under s 2(1) for negligent misrepresentation. The court controversially decided that under the Act, the appropriate measure of damages was the same as that for common law fraud, or damages for all losses flowing from a misrepresentation, even if unforeseeable.
The term "false flag" originated in the 16th century as an expression meaning an intentional misrepresentation of someone's allegiance. [1] [2] The term was originally used to describe a ruse in naval warfare whereby a vessel flew the flag of a neutral or enemy country in order to hide its true identity.
Unfair business practices (also Unfair Commercial Practices) describes a set of practices by businesses which are considered unfair, and which may be unlawful.It includes practices which are covered by other areas of law, such as fraud, misrepresentation, and oppressive or unconscionable contract terms.
wrongful conduct; and; intention. There are five essential elements for liability in terms of the actio legis Aquiliae: The harm must take the form of patrimonial loss. The conduct must take the form of a positive act or an omission or statement. The conduct must be wrongful: that is to say, objectively unreasonable and without lawful ...
Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained.
The representation may be oral or written. The misrepresentation has to be affirmative. A failure to disclose a fact does not fit this misrepresentation in common law, unless there is a fiduciary duty between the thief and victim. Moreover, opinion and puffing are not considered misrepresentation as they color the facts but do not misrepresent ...
Through a recent development in common law, beginning with Hedley Byrne v Heller [38] in 1964, and further through the Misrepresentations Act 1967, a victim of the tort [39] of misrepresentation will be compensated for purely economic loss due to the misconception of the terms of the contract.