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The Supreme Court of California clarified the statute in American Philatelic Soc. v. Claibourne, stating that "the rules of unfair competition" should protect the public from "fraud and deceit". [9] In 1962, a California appellate court reiterated this rule by stating that the UCL extended "equitable relief to situations beyond the scope of ...
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).
It is an unfair practice for a supplier, in a transaction or proposed transaction involving goods or services, to: (a) do or say anything, or fail to do or say anything, if as a result a consumer might reasonably be deceived or misled; (b) make a false claim; (c) take advantage of a consumer if the person knows or should reasonably be expected ...
Fraud in the factum is a type of fraud where misrepresentation causes one to enter a transaction without accurately realizing the risks, duties, or obligations incurred. [1] This can be when the maker or drawer of a negotiable instrument , such as a promissory note or check , is induced to sign the instrument without a reasonable opportunity to ...
The California Consumers Legal Remedies Act ("CLRA") is the name for California Civil Code §§ 1750 et seq. [1] The CLRA declares unlawful several "methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer". [2]
This may be termed use of improper means. "Commonly included among improper means are actions which are independently actionable, violations of federal or state law or unethical business practices, e.g., violence, misrepresentation, unfounded litigation, defamation, trade libel or trade mark infringement."
Extrinsic fraud may be claimed in family law and domestic relations cases. For example, paternity cases are sometimes the subject of extrinsic fraud; the classic case is when a man is encouraged to sign an acknowledgment that he is the father of a newborn baby, thus giving up his right to contest the matter in a filiation action. [5] [6] In Love v.
Scienter is generally used as a necessary condition of certain causes of civil action and as a standard for civil liability or criminal guilt.For instance, Section 1960 of Title 18 of the United States Code provides a scienter condition, requiring that the accused "knowingly conducts, controls, manages, supervises, directs, or owns" a prohibited type of business.