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Related to misrepresentations: Innocent misrepresentation
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277) Both the California Court of Appeals and the Texas Supreme Court correctly recognized that fraud is separate and distinct from a contract because the duty imposed is the abstention from inducing another to enter into a contract through the use of misrepresentations.
fraud-on-the-market presumption, and hence satisfy the requirement of establishing Rule 10b-5 reliance for purposes of class certification, if plaintiffs show: (1) the alleged misrepresentations were publicly known; (2) the alleged misrepresentations were material; and (3) the stock traded in an efficient market.
As noted by the Employment Relations Authority in its determination, the CRA allows a party to a contract to cancel a contract for misrepresentation by the other party.
Although rates of publication record misrepresentation appear to vary widely between different types of residency programs, it is accepted that publication misrepresentations are indeed present among residency and fellowship applicants.
the doctrinal confusion surrounding misrepresentations by insurance
The Wisconsin Supreme Court held that misrepresentations are inherently volitional, and therefore misrepresentations are not accidents, not occurrences and therefore not covered: "Neither case law nor common sense supports an Interpretation of 'accidental occurrence' that would have included misrepresentations volitionally made with the particular intent to induce.
Global Banking News-24 July 2008-Investors file misrepresentation suit against CIBC(C)2008 ENPublishing - http://www.
Up to 70 percent of mortgage early-payment defaults (EPDs) can be traced back to a significant misrepresentation on the original loan application, according to a study conducted by Carlsbad, California-based BasePoint Analytics.
The Court began its analysis by noting the resemblance between the 10b-5 cause of action and common-law actions for deceit and misrepresentation, stressing the requirement that a plaintiff suffer "actual damages.
This crankiness resulted not only in higher premiums for D & O policies across the board, but worse yet, made the carriers seek declarations in court that the D & O policy they issued was void from the outset on the grounds that the application submitted by the insured company contained material misrepresentations which the insurer relied upon in issuing the policy.
Under contract law, if agents acting on a seller's behalf make the contract without disclosing the name or existence of the real sellers, they will have personal liability under the contract if the car is stolen, does not meet its description or for any misrepresentation they make.