Representation And Misrepresentation

Civil Law: about a party bringing an action for a personal remedy of some kind.

            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.

Certain court cases have changed because of Amendments. The Gibbons v. Ogden case of 1824 was about a plaintiff, named Aaron Ogden, had purchased an interest in the monopoly to operate steam boats. Ogden brought suit in New York

Hedley Byrne & Co LTD v Heller and Partners LTD [1963] 2 All ER 5

Deception I defined as convincing someone that a false statement is true or to give a mistaken impression. In the novel Wuthering Heights, Emily Brontë focuses on Heathcliff’s life. All throughout his life he has been deceived by several people and this is the main reason he deceives people later in his life; his deceiving eventually results with him owning Wuthering Heights.

A lie is an inaccurate statement to convey a false impression. A person tells an average of at least 2 lies per day. A lie can cause happiness but can also cause multiple tragedies in many different lives. The person telling the lie is not the only one being affected, many other people can get involved and their lives will be changed forever. Arthur Miller's classic The Crucible is written upon all different types of lying, and how a single lie can cause tragedies to many people.

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.

This is when a trader made a false statement of a product or service but believed that the statement was true. Example of this would be a trader saying that the phone is water proof but it real isn’t. this would be deliberately done, so to make it fair the court would say the contract would have to be

In our situation, we are looking at four cases, Harris v. First Federal Savings, Van Stan v. Fancy Colours, McGrath v. Fahey and Pavilon v. Kaferly.

An example of this would be with Munn v. Illinois(1875), which was a dispute over whether or not it was constitutional for Illinois state law to regulate grain warehouses and elevator rates by establishing maximum rates for their use. The issues that were brought up were whether the warehouse and elevator owners were denied equal protection and due process under the Fourteenth Amendment. The court ruled in the states favor with a vote of 7-2. The reason that the courts did this was if they did not then private enterprises would not be open to regulation and it could lead to extreme macroeconomic

Misrepresentation: Misrepresentation is where there is a false statement in the contract which is made by one of the parties to the

Under the doctrine of unintentional tort, commonly referred to as negligence, a person is liable for harm that is foreseeable consequences of his or her action. Negligence is defined as “the omission to do something which a reasonable man would do, or doing something which a prudent and reasonable man would not do.”

They assume that this does not happen a lot but it does and but there are many different varieties of this sort of thing. Such as women deliberately lying under oath even though they are well aware that the accused did no such thing. Or when someone

One example of this is Montresor lying about having something Fortunato would want. When first finding Fortunato and striking up a conversation Montresor supplies, “But I have received a pipe of what passes for Amontillado, and i have my doubts (1)”. Based on Fortunato’s wine expertise such a fine pipe of wine would surely entice him to go with Montresor. Montresor’s deceitfulness is shown towards the end when the pipe of Amontillado is nowhere to be found in the catacombs. This shows just how untrustworthy the narrator is, because he is very easily lying and changing what Fortunato believes to be true. A further example is Montresor lying about being in a group Fortunato trusts. As Fortunato makes a gesture and questions Montresor’s comprehension Montresor supplies, “‘A mason,’ I replied (3)”. The masons are a group Fortunato is familiar with and trusts, in this quote Montresor has Fortunato believing that he is in such a group. Montresor’s deceitfulness is shown when he uses the masons as a cover in order to get Fortunato to trust him. If Montresor is willing to lie to Fortunato to gain his trust nothing is stopping him from lying doing the same to the reader which make him untrustworthy. Again, Montresor gets Fortunato to do what he wants by making him think he has something that he does not. As Montresor and Fortunato near the end of the catacombs and Fortunato gets wary Montresor clarifies,

To lie by omission is another way some people choose to tell a lie. To lie by omission means to intentionally omit a vital piece or pieces of information leaving the other person with a misconception. For instance, a wife asks her husband if he were at the night club, the husband tells his wife that he is working late, which is true, however, he omit’s the fact that he also visited the night club. Lying by omission undermines the truth. It is often used to manipulate someone into altering their behavior to suit the desire of the deceiver. The lie is not the words or lack of words; the omission is the intention of the deceiver. Lying by omission includes failures to correct pre- existing misconceptions.