innocent misrepresentation


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innocent misrepresentation

See fraud.

References in periodicals archive ?
Section 2(1) of the 1967 Act provides, in principle, that damages may be awarded even for an innocent misrepresentation, unless the party making it reasonably believed that the facts represented were true; and section 2(2) provides, broadly, that where a non-fraudulent misrepresentation gives an entitlement to rescission, and the court considers that it would be equitable to award damages in lieu of rescission, it may do so.
THE IMPACT OF CURRENCY FLUCTUATIONS IN THE WORLD OF ART AND ANTIQUITIES
rescission in innocent misrepresentation cases, Part I shows how
Against insurance rescission
Innocent misrepresentations are misrepresentations which the vendor honestly believes to be true.
Did you get what you paid for? Caveat emptor stands for the proposition that a purchaser takes a property, with all defects of quality and condition, as he or she finds it
Certain states do not require knowledge of a misrepresentation in order to rescind a policy, and an innocent misrepresentation is enough to void coverage.
Here today, gone tomorrow: the directors' and officers' insurance market has grown, as the risk of rescission and securities settlements climb in the wake of regulatory investigations
In these states, a policy can be rescinded for an innocent misrepresentation or concealment of a material fact.
Grounds for denying claims
In Case A, students are required to determine whether a contract exists, identify the terms of the agreement, determine whether a breach of contract occurred, and what remedies, if any, are available, and analyze whether the theater made an innocent misrepresentation or acted fraudulently.
A day at the movies
Cowan says the second case is one of innocent misrepresentation.
The Judge; Squeals on wheels
As to those kinds of questions, insureds are viewed as being asked only for opinions, not facts.(67) The implicit qualifications in these questions have the effect of disallowing avoidance for an innocent misrepresentation, even when state law purports to allow such action.
Health and life insurance applications: their role in the claims review process
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