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Prior to the Misrepresentation Act 1967, the common law deemed that there were two categories of misrepresentation: fraudulent and innocent. The effect of the act is primarily to create a new category by dividing innocent misrepresentation into two separate categories: negligent and "wholly" innocent; and it goes on to state the remedies in ...
Alternately, fraud can occur through omission of a material fact, where the injured party does not have to prove reliance, because it is assumed to have occurred. If the defendant had publicly made a fraudulent statement, every investor could sue if it could be shown that the statement affected the market as a whole.
Falsification of a material fact that would cause a party to a contract to refrain from entering into the contract may be grounds for rescission. For example, misrepresentation of a material fact on an application for insurance may give an insurance company grounds to rescind an insurance policy. [3]
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 ...
With v O’Flanagan [1936] Ch 575 is an English contract law case, concerning misrepresentation. It holds that there is a duty to disclose material changes in circumstances that were represented to be true in negotiations.
The defendants "engaged in 'deception,'" the lawsuit says, "because the [poll] was 'likely to mislead a substantial number of consumers as to a material fact or facts,' to wit: the actual position ...
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.
Check-kiting adds the element of fraudulent misrepresentation of writing bad checks to increase a financial position at more than one bank or fraudulently depositing those funds into another account.