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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.
The Federal Trade Commission Act defines an act or practice as deceptive "if there is a material misrepresentation or omission of information that is likely to mislead the consumer acting reasonably in the circumstances. A misrepresentation is material if it is likely to affect consumers' choices or conduct regarding an advertised product or ...
Misselling is the deliberate, reckless, or negligent sale of products or services in circumstances where the contract is either misrepresented, or the product or service is unsuitable for the customer's needs.
Definition of material misrepresentation. In a life insurance policy, material misrepresentation occurs when the applicant makes an untrue statement that, if known, would have affected the ...
Rescission at common law is only available for fraudulent misrepresentations and duress. Rescission renders the contract void ab initio, and courts will only grant rescission under common law if the parties can be restored to their original positions prior to the formation of the contract ("restitutio in integrum"). [3]
Lawyers for Smartmatic previously claimed Newsmax “concealed over 200,000 documents” and “made multiple material misrepresentations to the court,” by falsely asserting it had turned over ...
Misrepresentation, good faith 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 SEC complaint said in raising $141,000 from investors through crowdfunding, Kavtaradze and Destiny “made material misrepresentations” about: what Destiny Robotics products could do;