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In India, the federal laws defines misrepresentation under "Misconception Of Fact". This is dealt with under the Indian Penal Code in Section 90, which states: Consent given firstly under fear of injury, and secondly under a misconception of fact, is not consent at all. That is what is explained in the first part of Section 90.
In the Nigerian Criminal Code, the same offence is covered by article 419, which has now lent its name to the advance fee fraud. [ 6 ] The title of two popular Hindi films – Chachi 420 (in English: Trickster Aunt, a 1997 remake of Mrs. Doubtfire ) and Shri 420 (in English: Mr. 420 , a 1955 film) – are direct references to Section 420 of the ...
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.
Fraud in the factum is a type of fraud where misrepresentation causes one to enter a transaction without accurately realizing the risks, duties, or obligations incurred. [1] This can be when the maker or drawer of a negotiable instrument , such as a promissory note or check , is induced to sign the instrument without a reasonable opportunity to ...
Damages for misrepresentation. (1) Where a person has entered into a contract after a misrepresentation has been made to him by another party thereto and as a result thereof he has suffered loss, then, if the person making the misrepresentation would be liable to damages in respect thereof had the misrepresentation been made fraudulently, that person shall be so liable notwithstanding that the ...
ISBN 978-0-19-922580-4; Review Fraud – Alex Copola Podgor, Ellen S. Criminal Fraud, (1999) Vol, 48, No. 4 American Law Review 1. The Nature, Extent and Economic Impact of Fraud in the UK. February, 2007. The Fraudsters – How Con Artists Steal Your Money. ISBN 978-1-903582-82-4 by Eamon Dillon, published September 2008 by Merlin Publishing
"Fraud by abuse of position" is defined by Section 4 of the Act as a case where a person occupies a position where they are expected to safeguard the financial interests of another person, and abuses that position; this includes cases where the abuse consisted of an omission rather than an overt act.
Telemarketing Assoc., Inc. upheld an Illinois telemarketing anti-fraud law against claims that it was a form of prior restraint, affirming consumer protection against misrepresentation was a valid government interest justifying a free speech exception for false claims made in that context. The 2012 decision United States v.