Stanley's Misrepresentation Act 1967

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).

Did Westby commit fraud? Fraud constitutes the making of false statements (1) with the knowledge of its falsity or reckless indifference to the truth (2) the intent that the listener relies on it (3) the result that the listener does so rely on it, and (4) the consequence that the listener is harmed.

Permits private parties to file qui tam actions claiming that defendants defrauded the government (False Claims Act Overview, 2016).

It was perplexing time for The New York Times; a chapter, in their long-run, of fabrications that are now consider fabulists and egregious plagiarism. Hard News by Seth Mnookin, recounts the time a narcissistic and pedantic executive editor, named Howell Raines took took charged of the steering-wheel of one of the most reliable and prominent newspapers in the nation. It is described how Raines and other high-profiled and important figures for the paper, such as managing editor Gerald M. Boyd, dealt with the Jayson Blair’s scandal. The Jayson Blair scandal is about the terrible repercussions when plagiarism and fabulism is committed by a reporter. It not only tarnishes the reporter’s reputation but the newspaper’s transparency as a whole. I

Non-fiction writings, such as a history or biography, are based on facts, real events, and real people. These writings can be presented as either objective or subjective and written in the form of personal essays, reports, and biographies. But, no matter what type non-fiction, the factual content of these writings can always be questioned as to whether or not it is actually accurate. In fact, many non-fiction sources, even if they focus on the same topic, often give different facts and information that does not match up with what another source says. As evidence, various non-fiction sources containing information on the “unsinkable” Molly Brown display multiple variations of her life story. Looking at different sources of Molly Brown’s

case brief---Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy hour and Wessel will pay $250 to Gregory. All performers could make $500 per appearance on the comedy hour. and when Wessel was scheduled to aper on the comedy hour, Gregory informed him that he was unable to provide the monologue, because last time Wessel was asked to make special guest appearances at three local comedy clubs performance during the comedy hour. and Wessel bought lawsuit to Gregory for beach of contract and request damages of $1250.

This applies to everyone, including a famous journalist who revolutionized the publishing of “nonfiction novels.” He was responsible enough to gain interview with important people related to the Clutter case and those interviewed trusted him to stay true to their recalling of the horrific murders and trials following. However, they were shocked when In Cold Blood finally hit the shelves all across America full of lies and inaccuracies. That in itself is insulting, but what’s worse is that Capote claimed that his novel was impeccably accurate (Source B). So not only did he write about real people with not-so-real characteristics, he outright lies about ever doing so. It would have been fair if he informed his readers about what facts have been altered from the real story, but he neglects to ever even put in a disclaimer (Source B). Now that people are informed, not by Capote, that there were several altercations in the supposedly true retelling of a real event, what are they supposed to believe anymore? Once the public is aware of one’s fabrication, “everything else is thrown into question too” (Source C). The boy doesn’t need to cry wolf too many times when he is a nonfiction novelist before people start to disbelieve

Medicare payments rely heavily on proper coding of medical procedures and services provided during the delivery of care. Those services or processes are typically bundled, and therefore allocated as a bundling payment that receives a set amount of financial compensation for the organization. The Medicare statute maintains that the Secretary of Health and Human Services determines the fee schedule for diagnostics laboratory tests and Medicare regulations state that the hospitals must bill some of the tests as a group (Ohio Hospital Association, et. al. v. Shalala, 1997). The District Court case involved the failure to bundle seven tests, which accounted for higher Medicare reimbursements.

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 film Shattered Glass presents the ethical issues of fabrication and the deception of the writer, Stephen Glass, to his editor and co-workers. He deliberately sensationalized his stories in order to gain his reader’s attention. His facts were partially, if not completely, inaccurate and he presented notes that he fabricated as facts for each of his pieces at the New Republic. Journalists in the media have a duty to the people to report the truth and follow an ethical code whenever reporting stories.

In “The Author to Her Book,” Bradstreet is awash in indecision and internal conflicts over the merits and shortfalls of her creative abilities and the book that she produced. This elaborate internal struggle between pride and shame is manifested through a painstaking conceit in which she likens her book to her own child.

However, regardless of whether the print industry actually is dying or not, a publisher is responsible, both legally and ethically, for every manuscript they put onto our shelves. This essay argues that publishers need to make fact checking part of the standard publishing procedure to uphold their legal and ethical responsibilities to the public. Forbidden Lies by Norma Khouri will be used as a case study throughout the essay. First, this essay will give a brief overview of the Norma Khouri hoax, then move on to discuss why fact checking is not commonplace in the book publishing industry. Next, it will assess where the legal and ethical responsibilities lie — with the author or publisher. After this, it will examine the financial repercussions and damage to a publisher 's reputation after the publication of a literary hoax. Then, it will begin to examine the ethical damage literary hoaxes cause to the readers who are

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.

It is within the agent’s apparent authority to sell a property on behalf of the principal to make descriptions of the property to the buyer. However, if the representations made are false, the principal will be liable for the acts of that agent where the leading case is Aliotta v Broadmeadows Bus Service Ltd (1988) A.T.P.R. 40 – 873 which the court held that the agents has mislead the plaintiff by not revealing all the material information to the plaintiff.

Media is one of the key areas where power is exercised, reinforced, contested and very influent in the political, social, and economic fields. This statement that has been discussed in the previous lectures clearly relates to the message that comes across from Brian Knappenberger's documentary of Nobody Speak: The Trial of Free Press. Throughout the documentary, it is argued that those who have influential backgrounds, or have "deep pockets" are capable of buying their way out of scandals, and concealing facts and their truths in front of media. A publisher and reporter's duty to the public eye is to report and reveal the truth about the world around them without hiding anything from them. As David Folkenflik mentioned, during Hulk Hogan's case, "without the backing of some wealthy billionaire, there is little of what an independent publisher [of media] can do." Media is an