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Royscot sued the car dealer in damages, alleging that they had relied upon the dealer's misrepresentation, which induced them into the finance plan. Fraud was not mentioned, but Royscot claimed that had the dealer given the correct figures, they would have refused finance, and that the £3,625.24 loss was the dealer's fault.
The Sixth Circuit held that Patterson had sufficient contacts to constitute transaction of business in Ohio that would grant an Ohio court personal jurisdiction based on the Ohio long-arm statute. Specifically: 1. Patterson purposefully and repeatedly dealt with an Ohio company. 2.
An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action.
Collateral estoppel (CE), known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. One summary is that, "once a court has decided an issue of fact or law necessary to its judgment, that decision ... preclude[s] relitigation of the issue in a suit on a different cause of action involving a party to the first case". [1]
An Illinois woman is suing a car dealership, and others, after she says she was racially profiled and falsely arrested while trying to buy a vehicle. On March 10, Sade Crockett headed to Fifth ...
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.
In some cases, a claim could even be denied due to bad faith or misrepresentation of the facts, making it important to be truthful and accurate to your car insurance company when reporting your claim.
Williams traded-in his Morris car to Oscar Chess Ltd at the value of £290, describing the car as a 1948 Morris 10. In reality, it was a 1939 model worth only £175. Williams had declared the car's age in good faith , relying on the car's log book; but the document proved to be a forgery.