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The new question then was: Is a misrepresentation an unintentional act?
Generally, the law regarding property defects can be summed up in what can be described as a modified Rule of Caveat Emptor, which can be stated as follows: Absent fraud, mistake, or misrepresentation, a purchaser takes an existing property as he or she finds it, unless the purchaser protects himself or herself by contractual terms.
In one case, the High Court awarded damages against a landlord for fraudulent misrepresentation even though the tenant was made aware of the existence of dry rot in the property before signing up for the lease.
1627 (April 19, 2005), the United States Supreme Court held that the Ninth Circuit was wrong in ruling that a plaintiff satisfies the loss causation element of a 10b-3 cause of action simply by pleading and proving that, on the date of purchase, the defendants' misrepresentations artificially inflated the stock price.
Kasky alleged that Nike had violated California law by making negligent or reckless misrepresentations "to maintain and/or increase its sales and profits.
However, it is reprehensible for the Rotary Club to raise funds by the misrepresentation and exploitation of the music of the Cajun and Creole people.
The court also threw out SIPC's claim for negligent misrepresentation, reiterating the rule of previous cases that an accountant may be held liable to a non-client only if, among other things, there is "linking conduct" between them that places the plaintiff and the accountant in a "relationship approaching privity.
2(2) are the greater of "gross entitlements" or $1,000, the penalty for misrepresentation of a tax matter applicable to internal tax advisers be the greater of $1,000 or the "gross entitlements" directly related to the activity.
Questionable methodology and misrepresentation deprive this book of any claim to intellectual respectability.
Most fraud arises out of misrepresentation that is material to entitlement or payment under the Medicare program.
Last June, in a paper he released to open the Library's exhibit on religion and the founding of the United States, he made an egregious misrepresentation of Thomas Jefferson's views on separation of church and state.
The following essential elements are present: misrepresentation of a material fact, knowledge of the falsity of the misrepresentation, intent, and reliance on the misrepresentation by the victim.