Innocent Misrepresentation Case Study

“Testimonials during court hearings are performed under oath, hence the statements of an individual being examined are assumed to be true and no other statement should be falsified or forged. When the officer does not pronounce the truth in court, he or she is still capable of providing a reason for his deception, based on a substitute arrangement, such as when he or she is operating as a witness to the prosecution and is not considered as the defendant in a court case. However, it is also required that the officer is conscious of the rules of the court system that he or she has sworn to tell the truth during examination” (Chevigny , 1969).

W.F. Yost made a statement to Rieve Enterprises, Inc. that misrepresented the actual condition of Red Barn restaurant. Yost had been cited for health code violations in the past, which he did not disclose to Rieve. Instead Yost warranted that “the premises will pass all inspections.” After the purchase of the restaurant by Rieve, two weeks later the restaurant was cited for health code violations and the restaurant was closed. Therefore I believe the statement Yost made was a fraudulent misrepresentation because, according to the book “When fraudulent misrepresentation is used to induce another to enter into a contract, the innocent party’s assent to the contract is not genuine, and the contract is voidable by the innocent party”

The plaintiffs, Stroot and Watson, brought the appeal on three theories of tort liability: 1. Ordinary or common law negligence based on Landlord’s alleged failure to maintain safe and sanitary conditions in the apartments, 2. Negligence based on alleged violations of the New Castle County Code 3, 3. Negligence based on alleged violations of the Landlord Tenant Code. The jury of the trial courts found in favor of the plaintiffs on all three forms of negligence. The plaintiffs also offered testimony from several expert witnesses. The first expert witness is Dr. Yang, a mycologist and microbiologist. After inspecting Haverford Place, he stated that there was excessive and atypical mold growth in the apartment buildings caused by long term leaks. He opined the widespread mold contamination posed a health risk to tenants. The next, Dr. Johnanning, a physician board-certified in environmental and occupational medicine, also inspected and noted similar data from Haverford Place.

The amount listed is the enrollment agreement was 10,020.00 which gives a difference of :

There are a multitude of avenues by which a buyer may seek recourse for defective realty. Realty sales has moved from a caveat emptor state to that of strict liability. But, in the transition there has developed a combination of tort, contract, and warranty law precepts. One must distinguish the type of damages that are recoverable by the first owner and any subsequent owners. Damages that arise out of defective products that may threaten the safety of any occupant would lie under the auspices of strict tort liability. Whereas defects in workmanship that merely lower the value of the real estate should lie simply with the original owner and his/her relation with the original builder in breach of an implied warranty action. Any implied warranties

According to Cheeseman (2013), the facts of the case indicate that Rieve Enterprises entered into a contract to purchase the assets and equipment, including a 5 year lease of the Red Barn with an option to buy the land and the building after having visually inspected the restaurant. The facts also state that before Yost sold the Red Barn to Rieve Enterprises, the restaurant was cited for health violations in which he did correct, and Yost promised that “the premises will pass all inspections” to carry out business (Cheeseman,2013). Furthermore, Rieve Enterprises did not check any public records as to any health inspections and they took possession of the restaurant right away…moving right into the goal of producing volume and making a profit. The language of the contract included the following clause that indicated that the, “seller warrants that at the time physical possession is delivered to buyer, all equipment will be

False convictions happen very often and can ruin someone's life. Examples of these wrongful convictions are the cases of Steven Avery and Jimmy Ray Bromgard. Steven Avery was wrongfully convicted for the rape of a woman, was exonerated, and is in prison for a new murder case while Jimmy Ray Bromgard was convicted of the rape of a young girl and was exonerated. Both of these men spent time in prison for something they did not do. Steven Avery spent 18 years in prison for a false conviction for the rape of Penny Beernsten in Manitowoc County and is now in prison for the murder of another woman.

There is certainly constant controversy about the numerous amounts of conviction cases which involves false allegations and how black men play a significant role. “A Crime by Any Other Name” briefly mentions the concept of how bias and discriminatory our Justice System truly is. Something in particular that we see constantly especially in urban areas is the mistreatment of black men. Black men are blamed and punished for a crime they ultimately did not do for reasons which racist people think that a black man who is suspicious should be arrested or charged. As we all know, police enforcement typically focuses on street crime and low-income neighborhoods. Specifically today, Chicago is still facing numerous amounts of false conviction cases

Introduction: The smell of a new newspaper, the weight of it as you settle down to read and the way its words inform you of the world's happenings, these are only a few of the reasons why people continue to buy print media. Unfortunately, many articles now contain misrepresentations, for example in the article Baby Found Crying After Hour Locked in A Bus written by Hanna Sbeghen, childcare workers are showcased as undertrained, incapable and inattentive to their jobs and positions the reader to accept this misrepresentation of untrustworthy supervision in childcare. Found on page 10 of the Courier Mail, this article tells the tale of an 18-month-old girl who was left on a bus after being picked up by the Goodstart Early Learning Centre in Parkwood.

Police interrogate suspects on a daily basis, but how can they tell if the confession is real? We have all heard, at one time or another of someone confessing to a crime they didn’t commit. Then your next thought is “I would never confess to something I didn’t do”. The only way you can be a 100% sure of that is if you have been through an interrogation before. This paper is going to define “confession” and tell how an innocent person will confesses to a crime they didn’t commit. This paper will also show the history of interrogations.

The first and greatest cause of false convictions is eyewitness identification according to the innocence project website almost 75% of cases later overturned were due to wrongful eyewitness identification. One of the main issues as we learned in class is that our minds do not keep a perfect recording of events in our memory they are often impacted by additional information given after the fact. Information about a suspect given afterwards such as suggesting their hair color, height, weight, or other attributes about them could influence our memories. Another issue found is using things like “show ups” for victims and witnesses; this is discussed on the innocence project page and was in class. Show ups tend to lead to wrongful identification because there is only one person instead of several potential suspects like a lineup. The Innocence project website discusses two variables that affect wrongful eyewitness identification Estimator and System variables. Estimator variables are things the justice system cannot influence such as the lighting, distance used when the victim or witness saw the suspect, the amount of stress or anxiety the victim is under, and research shows that it is hard for witnesses to identify someone of a different race than they are. The 2nd group of variables discussed are the system variables, these are things that the system can impact such as the type of lineup like line up or show up, how they administer lineups such as how similar the suspects

We hear in the news about police misconduct, use of excessive force, embezzlement, but one thing I found while researching what I should write this paper on is the Wrongful convictions of innocent men and women, that spend years in prison being innocent, and there is nothing that gets done till it’s too late. Some wrongful convictions are honest mistakes, but many times law enforcement and prosecutors lose sight of the obligation of ensuring truth and justice, and are focused on their conviction rates. As with any job, they are honest people and ones that just don’t care and are corrupt, this exists in the criminal justice system. One way to prove someone is innocent now is through DNA testing, but even at all levels of a criminal investigation there could be misconduct or mishandling of evidence, which then causes the evidence to become compromised.

A business can not work out without an account system, which includes internal. Internal controls are used by companies to make sure financial information is accurate and valid. Strong internal controls are signs of a financially healthy company and protect the company’s integrity. Strong internal controls can also increase a company’s profitability. There are several types of internal controls that companies used to protect themselves such as: Segregation of duties, asset purchases, supervisor review, internal audits and adequate documents and records. This paper will discuss several topics from a case study about And the Fraud

Deception According to Hyman (1989) deception implies that an agent acts or speaks so as to induce a false belief in a target or victim. Deception can occur in everyday life. Whether it is telling someone they look nice or not telling them that they look fat. This is an important process for forming relationships and general social interaction.

SS. Where a reasonable person can understand product packaging and advertisement, the Court should dismiss false advertising complaints against it. See Freeman v. Time, Inc., 68 F.3d 285, 290 (9th Cir. 1995). The facts in this case do not reveal any breach of law. Therefore, the Court should grant Prairie Foods’ motion to dismiss because the claim that the packaging for “Complete Blueberry Pomegranate” cereal is “misleading” is unfounded. California Business and Professional Code § 17500.