The court held, inter alia, that the trial court, erred when it granted partial summary judgment on the intentional misrepresentation
claim and when it dismissed the claim for outrage and intentional infliction of emotional distress.
The question then was: Is misrepresentation
As noted above, there must be knowledge by a vendor and misrepresentation
or concealment of the latent defect for a purchaser's claim to be successful.
If the buyer is unable to locate the seller, the buyer may turn to the real estate agent and claim the agent breached his/her duty to conduct a reasonably competent and visual inspection, was negligent and made misrepresentations
can result in the seller being ordered to pay damages or to compensate the buyers for any consequential losses resulting from incorrect information given by the seller or anyone acting on their behalf.
For example, if the shares are sold before the truth begins to leak out, the Court stated, "the misrepresentation
will not have led to any loss.
99 explains, a material misrepresentation
is not tied to the amount of the misrepresentation
but rather occurs whenever there was intent to misrepresent the registrant's financial position and results of operations and such a misrepresentation
If the true sellers are disclosed then agents will have no liability for misrepresentation
as they are not a contracting party - that is, unless they make fraudulent statements.
If not, then the company could be sued on grounds of misrepresentation
and will need to defend each case in litigation.
This festival is an insensitive, exploitative, misrepresentation
of Louisiana French culture.
After Baron's eventual liquidation, SIPC nonetheless sued BDO to recover its administrative costs, under theories of fraud and negligent misrepresentation
On January 14, 2000, Tax Executives Institute submitted comments to the Minister of Finance expressing serious objections about draft legislative provisions captioned Misrepresentation
of a Tax Matter by a Third Party.
Another characteristic of this genre is misrepresentation
of recognized authorities.
Fraud is the intentional deception or misrepresentation
that an individual knows to be false or does not believe to be true and makes, knowing that the deception could result in some unauthorized benefit to himself or some other person.
I would like to call to your attention an egregious misrepresentation
of my views in a story in the February Church & State ("Library Of Congress Curator Backs Off Jefferson Paper," People & Events).