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For example, the North Carolina false pretense statute applies to obtaining "any money, goods, property, services, choses in action, or any other thing of value ..." [ 2 ] 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 ...
Negligent misstatement is not strictly part of the law of misrepresentation, but is a tort based upon the 1964 obiter dicta in Hedley Byrne v Heller [72] where the House of Lords found that a negligently-made statement (if relied upon) could be actionable provided a "special relationship" existed between the parties.
The requisite elements of perhaps the most general form of criminal fraud, theft by false pretense, are the intentional deception of a victim by false representation or pretense with the intent of persuading the victim to part with property and with the victim parting with property in reliance on the representation or pretense and with the ...
One method is the "freehand method", whereby the forger, after careful practice, replicates the signature by freehand. Although a difficult method to perfect, this often produces the most convincing results. [1] In the "trace-over method", the sheet of paper containing the genuine signature is placed on top of the paper where the forgery is ...
Mail fraud was first defined in the United States in 1872. 18 U.S.C. § 1341 provides: Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use ...
Scott, 44, the owner of PK Blendz Juice Bar on Main Street in Peekskill, was charged with offering a false instrument for filing in the first degree, a felony. The charge requires proof that Scott ...
The 1964 case New York Times Co. v. Sullivan dramatically altered the nature of libel law in the country by elevating the fault element for public officials to actual malice – that is, public figures could win a libel suit only if they could demonstrate the publisher's "knowledge that the information was false" or that the information was ...
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 ...