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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 victim to pass title of his property. That is, false pretense is the acquisition of title from a victim by fraud or misrepresentation of a material past or present fact.
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 ...
In common law jurisdictions, a misrepresentation is a false or misleading [1] statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. [2] [3] The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission).
I recently received this question from a reader. Q: I was hired for a specific job with a specific job title. Months later, my employer changed my title without asking me and made me work in a ...
This column really is about the rewards of declining to live under the bondage of false pretenses and unrealistic expectations. It’s about learning to tell the truth about yourself.
The determining principle is that pretexting only occurs when information is obtained through false pretenses. While the sale of cell telephone records has gained significant media attention, and telecommunications records are the focus of the two bills currently before the United States Senate , many other types of private records are being ...
(1.1) Subject to subsection (3), every person who gives evidence under subsection 46(2) of the Canada Evidence Act, or gives evidence or a statement pursuant to an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act, commits perjury who, with intent to mislead, makes a false statement knowing that it is false ...
But the widening fallout over the collapse of a fintech middleman called Synapse has revealed that promise of safety as a mirage. Starting May 11, more than 100,000 Americans with $265 million in ...