Search results
Results From The WOW.Com Content Network
Fraudulent misrepresentation is defined in the 3-part test in Donohoe v Donohoe , where the defendant Donohoe was categorically declared completely fraudulent as he: (i) knows the statement to be false, [ 67 ] or
So where there is a sudden downturn in the property market, a person guilty of deceitful misrepresentation is liable for all the claimant's losses, even if they have been increased by such an unanticipated event. [7] This is subject to a duty to mitigate the potential losses. [8] Contributory negligence is no defence in an action for deceit. [9]
Unfair business practices (also Unfair Commercial Practices) describes a set of practices by businesses which are considered unfair, and which may be unlawful.It includes practices which are covered by other areas of law, such as fraud, misrepresentation, and oppressive or unconscionable contract terms.
The lawsuit includes claims for conspiracy, negligence, fraudulent misrepresentation and unfair business practices. It seeks an unspecified amount of compensatory and punitive damages.
Derry v Peek [1889] UKHL 1 is a case on English contract law, fraudulent misstatement, and the tort of deceit. Derry v Peek established a 3-part test for fraudulent misrepresentation, [1] whereby the defendant is fraudulent if he: (i) knows the statement to be false, [2] or (ii) does not believe in the statement, [3] or (iii) is reckless as to ...
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. [4]
Distinguishing innocent misrepresentation and fraudulent misrepresentation involves determining if scienter exists. In contract fraud, scienter is defined as intent to deceive. [21] [22] Scienter can also be used as a defence to a breach of contract lawsuit. [23]
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 ...