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For a misrepresentation to occur, especially a negligent misrepresentation, the following elements need to be satisfied. A positive duty that exists to ascertain and convey the truth to the other contracting party, and subsequently a failure to meet that duty, and; ultimately a harm must arise from that failure.
[5] [6] Racial misrepresentation often occurs when people of one race or ethnicity, unfamiliar with real people of another culture, replicate the racial stereotypes of that racial or ethnic group. Typically, this is seen as offensive when negative racial stereotypes are mimicked, but it can be also be experienced as inappropriate even when the ...
"For a claim to be considered a cause of action to recover damages pursuant to General Business Law § 349 has three elements: first, that the challenged act or practice was consumer-oriented; second, that it was misleading in a material way; and third, that the plaintiff suffered injury as a result of the deceptive act." [57]
The misrepresentation of African-American women has permeated into the music industry, more specifically hip-hop/rap videos. In this form of media, Black women's bodies have been historically hyper-sexualized through images of exotic dancers dressed in a provocative way.
Typical grounds for a contract being voidable include coercion, undue influence, mental incompetence, intoxication, misrepresentation or fraud. [1] A contract made by a minor is often voidable, but a minor can only avoid a contract during his or her minority status and for a reasonable time after he reaches the age of majority.
Deceit and dishonesty can also form grounds for civil litigation in tort, or contract law (where it is known as misrepresentation or fraudulent misrepresentation if deliberate), or give rise to criminal prosecution for fraud. It also forms a vital part of psychological warfare in denial and deception.
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 ...
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 ...