The Obligatory Elements For Establishing Fraudulent Misrepresentation

Another legal definition can be found under the Lanham Act where it is defined as, “Under Section 43(a) of the Lanham Act, a claim can be made against a defendant for false or misleading advertising. For a claim against a defendant for false advertising, the following elements are met and the plaintiff must show: (1) defendant made false or misleading statements as to his own products (or another’s); (2) actual deception, or at least a tendency to deceive a substantial portion of the intended audience; (3) deception is material in that it is likely to influence purchasing decisions; (4) the advertised goods travel in interstate commerce; and (5) a likelihood of injury to plaintiff. However, the plaintiff does not have to prove actual injury.” The Lanham Act has a more specific and

First is the Consumer Act, their first right is to apply and know the consumer rights, because misleading trade practices is prohibited by the Act which is against the unfair or a fraudulent business

            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.

breach of express and implied contracts based on the theory of promoter liability. The courts

 Making false or misleading statements with the purpose of securing goods or services under the Workers' Compensation Act;

For purposes of the Statement, fraud is an intentional act that results in a material

(Federal Trade Commission) enforces the provisions of this act. Marketing and advertising is an effective way to introduce products or services and to increase sales. However it could also be a tool company’s use unethically. Any information that is likely to mislead consumers into purchasing or using products and services that is deceptive or unfair comes under the radar of the FTC. An example of this, weight loss products, actions have been taken against hundreds of

Big Bank can use Misrepresentation as a defense because we told to Big Bank that “we never missed a conversion deadline.” But we failed to disclose that Systems Inc. has done only three conversations. Big Banks choose us among other companies because we are fast and they like fast. It was an innocent misrepresentation; however, because of this reason Big

Such representations were false and constituted a violation of California Business & Professions Code §§ 7159 and 7160. As a proximate result of the

1. Fraudulent financial reporting – reporting false financial performance and overstating the company’s earnings and falsifying the level of liabilities to attract investor’s contributions.

This subject company in this case study is WoolEx Mills. The top management team at the Mills had to act fast to prevent the accusations charged upon them, so that they may venture deep into the United States market. In the process, they had to act in a way that will present the company’s financial statements; cash flows in a way that they did not show any suspicious fraudulent activities. The type of fraud in this case study is known as manipulation of accounts which involves the act of offering the accounts in the way they are not in reality.

The auditing firm has been in engagement with the company throughout the period when the fraud was being committed. One of the common and clear indicators of possible fraud was the company’s cash flow statement. The company experienced positive growth in its profits from the year 1996 through to the year 1998. However, a close analysis of the cash flow statement shows that the company had experienced negative figures of cash flow from both operating and investing activities and positive cash flow from financing activities which would not sufficiently offset the negative cash flows from operating and investing. It is therefore evident

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

Perry v Truefitt: Lord Langdale: a man is not to sell his own goods under the pretence that they are goods of another man; he cannot be permitted to practice such a deception, nor to use the means which contribute to the end. He cannot therefore to use names, marks, letters or other indicia by which may induces others to believe, the goods are manufacture by another.

Misappropriation of asserts, better yet, fraud in general, is relevant to and pivotal for accountants, auditors, and people in business for the simple fact that the losses from fraud affects the