Is It Makes A Contract?

Cal. Bus. & Prof. Code § 17500 states, “it is unlawful for any … corporation … to … disseminate … any statement … which is untrue or misleading.” “Untrue” is defined as “factual misrepresentations” (compared to “puffery”). Williams v. Gerber Prods. Co., 523 F.3d 934, 939 (9th Cir. 2008).

The term deception means the deliberate act of misleading an individual some may refer to deception as “little white lies.” Deception has long been used in the criminal justice area by officers in the detecting process of criminal cases, and is one of the most commonly used tools in the investigative process. Investigators use deception in the detecting process. This involves misleading criminals during the investigative and interrogative stages, to gather enough information about the

            A misrepresentation is a statement made that is not unified with the truth. There are two categories that misrepresentation can fall under: either innocent or fraudulent. When a misrepresentation is innocent it was made not intentionally to deceive the other party. A fraudulent misrepresentation is made with the intent to deceive with knowledge that it is false. Tommy wants to pursue legal action against Royal 16 Theater on the basis that they conducted fraudulent misrepresentation.

In June of 2014, the appellant disclosed to the firm what he had done and then the firm reported it to the SRA in October 2014. After this occurred the appellant proceeded to make a self-report to the SRA as well. The SRA argued lack of integrity according to the creation of the letter and form. They also alleged that by relining on them the appellant had acted dishonestly. The Solicitors Disciplinary Tribunal found the appellant guilty of dishonesty but he had also been charged with acting without integrity, and was struck of the roll. The appellant appealed against both conviction and sentence.

In Ireland, the defendant made several statements discrediting the plaintiff, a mother as a parent and made statements regarding her parenting skills. The plaintiff argued that the statements were “false” statements of fact.

18) The susceptibility of an assertion to a material misstatement, assuming there are no controls, is

In Harper Lee’s, To Kill a Mockingbird, Tom Robinson is charged with the rape of a white girl. Tom is facing a false charge due to being ranked in a lower social class. In the testimony of Mayella Ewell and Tom Robinson, each victim is told to tell the whole truth and nothing but the truth. There are similarities and differences in each of the victim’s claims, due to the whole truth not being told.     An example of a similarity in between each the testimonies would be that both Tom and Mayella told the truth about Tom passing the Ewell house every time he would pick for Mr. Link Deas.

There are four remedies for breach of contract under UCC Article 2. Categorized as remedies of law; the first is compensatory damages, which cover direct losses and costs. Compensatory damages are an attempt to put the non-breaching party in the same position it would have been had they not suffered the breach. Second are consequential damages, which are to cover indirect and foreseeable losses not covered by compensatory damages. Third is restitution to prevent the unjust enrichment of one party in the agreement. Fourth, liquidated damages are provisions agreed to by the parties when drawing up the contract in the event of a default or breach of contract by either party (Melvin, 2011).

If this involves a customer this would come under the trade description Act. If it is a private contract between individuals, or between companies it will come under the Misrepresentation act 1967. Example would be a contract between individuals selling a gold iPhone when it wasn’t real gold. As this was a untrue statement the Act would protect the customer. If the trade descriptions was to be used the business would get fined and it would only to use for consumer law. When using the Misrepresentation Act would have to be something serious and not over something that is minor as it wouldn’t be worth going to court for.

The five elements pertaining to the establishment of a false claim under the False Claims Act are the government must establish that the claim submitted is false and that it was submitted knowingly, the government must establish that the person submitted the claim with actual knowledge, in deliberate ignorance, or with reckless disregard for the claim’s truth or falsity, the claim was against a department or agency of the United States and if the claim was material.

An example of this is when Bob was describing her injuries putting in many details over exaggerating her wounds which put the jury under the impression that she had been beaten severely by Mr. Robinson, but when he was questioned why he didn’t bring Mayella to a doctor, he merely dismissed this question. There are no medical records for this case, thus Bob may be lying about her injuries. This begins to uncover the fact that Bob Ewell is in fact manufacturing a tale to tell in court.

The Court of Appeals has explained the four elements necessary to support a claim of negligent misrepresentation as follows:

I informed him that this would make the pulp of the prunes worthless and that he would need to pick, wash, and separate the pits and the pulp. He agreed that this was the best solution, which is why he is doing all the initial work to obtain the prunes and we are purchasing just the pits from him after. In a way, I was using misrepresentation that is illustrated in article 2.11, Negotiation Ethics. I was using partially true statement when I was informing him of the machines but it was in fact a misrepresentation of the true facts.

The last requirement of a valid contract is that its provisions be legal. If a

Cases of false affirmation occurred where the buyer was convinced to buy something by the false statements of the seller;