negligent misstatement essay

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  • Negligent Misstatement

    2214 Words  | 9 Pages

    There was no inducement between the parties because JEB entered the contract for independent reasons. The defendants were unaware of the misrepresentation and it was considered as a negligent act instead of fraudulence. Besides, the complainant judgement was not influenced by the negligent statement and he did not rely on the information to take over the company. Throughout the decades of the 1990s, there had been an international trend arose toward a more limited scope of negligence

  • The Case Of Negligent Misstatement

    1422 Words  | 6 Pages

    facts of Giant Plc. Vs. Hatchet & Co, it is evident that we are faced with the problem of negligent misstatement. It could be argued that this case could be somewhat in relation to tort of deceit. However, this only applies when someone intentionally lies when making a statement, and from looking at the facts of this case there is no evidence of this so the problem has to be based on negligent misstatement. The underlying problem of this case is that the audit accounts made by the defendants for

  • Pros And Consequences Of Negligent Misstatement

    2304 Words  | 10 Pages

    Introduction Negligent misstatement is breach of duty of care between the professionals and their clients. It relates to a representation of fact which carelessly made and relied by another party which cause them in disadvantageous circumstance. The duty of care is a common law arrangement where the client expects a professional level which held by those in the profession. Negligent misstatement made by a professional is possible to cause economic loss to his/her clients. This is provided however

  • The Death Of Mrs. Summers ' Injury Of Situational Anxiety And Psychological Hysteria

    988 Words  | 4 Pages

    Therefore, partial summary judgment would not be proper. 2. As a result of the Defendant’s Actions, Mrs. Summers has a medical injury that entitle her to damages. There is sufficient evidence of the final prong for damages under the claim for negligent infliction of emotional distress. The court has held that in order for a plaintiff to show damages, he or she must be susceptible to medical diagnosis and medical evidence that proves the casual link between the observation at the scene and the subsequent

  • Health Alternatives Aids Task Force

    1271 Words  | 6 Pages

    In Pennsylvania, a plaintiff claiming negligent infliction of emotional distress must establish one of these four situations: “1) that the defendant had a contractual or fiduciary duty; 2) plaintiff suffered a physical impact; 3) plaintiff was in a “zone of danger” and at risk of an immediate physical injury; or 4) plaintiff had a contemporaneous perception of tortious injury to a close relative.” Doe v. Phila. Cmty. Health Alternatives AIDS Task Force, 754 A.2d 25, 27 (Pa. Super. Ct. 2000). The

  • Thing V La Chusa 48 Ca. 3d 646 Summary

    1038 Words  | 5 Pages

    Insulan AB, 2013 Cal. App. LEXIS. The two parents witnessed their daughter and son launch out the car due to the lock of the door failing, the daughter lost her life and their son suffered severe injuries. Courts held that the plaintiffs claim for Negligent Infliction of Emotional Distress were viable due to the strict liability of the product. Fortman was present during the injury much like the parents in this scenario were, both suffered a loss due to product liability, however Fortman was still

  • Intentional Infliction of Emotional Distress

    633 Words  | 3 Pages

    MEMORANDUM RE: Intentional Infliction of emotional distress Relevant Facts George worked for the Charlotte Bobcats based in Charlotte, NC. George has a contract that guarantees his employment with the Bobcats for a period of 5 years. Jerry, who is George’s boss, wants to get rid of him NOW. Jerry resolves to using tactics to make conditions with the Bobcats uncomfortable for George to entice him to quit. George eventually quits after Jerry turned off his air conditioner in mid-July

  • The Case Of Draker V. Schreiber

    1759 Words  | 8 Pages

    Draker v. Schreiber For my argumentation paper, I have chosen to address the issue of libel as it relates to the case of Draker v. Schreiber. Libel is defined as a published false statement that is damaging to a person 's reputation. Draker v. Schreiber was taken up by the Texas state court, on September 1st, 2006. I agree with the court 's decision to not charge the young boys for defamation and intentional emotional distress. Throughout this paper, I will support three arguments, first why the

  • How, if at all, does the liability of a university differ regarding references given to potential employers in respect of current students.

    1252 Words  | 6 Pages

    It was decided that if the “representor gave information-or advice which was negligent he would be liable for any pecuniary or personal damage-caused”5. However the appeal was dismissed due to the fact that with “the absence of a contract or fiduciary relationship” the defendant that used a disclaimer would owe no duty of care.6 The case was significant in that claims on negligent misstatement could work if; there is a special affiliation among parties, the information provided by a

  • The Importance Of Relation To The Common Law Duty Of Care

    934 Words  | 4 Pages

    employer owes a duty of care or not. The case of Caparo v Dickman resulted in a three stage test about duty of care and to address responsibility in determining where the liability of the financial loss lies. The test ruled “The harm caused by the negligent actions must be reasonably foreseeable; the relationship between the parties to the dispute must be one of reasonable proximity; and it must be fair, reasonable, and just to impose liability.” This test provides a qualification for establishing duty