Sentences with phrase «in negligent misrepresentation»

To succeed in a negligent misrepresentation action, the Buyer would need to show: the Agent provided her with information; the information was false; the Agent did not exercise reasonable care in obtaining information provided to the Buyer; and the Buyer justifiably relied upon this information to her detriment.

Murphy argued that as Matthews had told her there was no need to report the claim he was personally liable in negligent misrepresentation.

[36] An application of the law set out in these binding authorities to the tort of negligent representation leads to a two part test for causation in negligent misrepresentation.

In a negligent misrepresentation case, someone communicates something to you in the course of their business or occupation, which is not true, when the person communicating it could have known the truth had he exercised reasonable care, when it was communicated with an intent or understanding that you would rely upon the information, and that false statement was relied upon and as a result caused you damages.

On a motion to strike, she held that the government was immune from liability in negligent misrepresentation.

In the recent decision of Fantl v Transamerica Life Canada («Fantl»)[1], the Ontario Court of Appeal unanimously dismissed the appeal of the Divisional Court's decision and confirmed the certification of class claims in negligent misrepresentation, noting that it was time for class actions to «deliver on their promise of access to justice» [2] when it comes to individual issues.

Not exact matches

In addition, Mr. Morley filed a subsequent lawsuit containing allegations that the formation of Square and the development of our card reader and decoding technologies constituted, among other things, breach of an alleged oral joint venture, fraud, negligent misrepresentation, civil conspiracy, unjust enrichment, and misappropriation of trade secrets, as well as other related claims.

@tf — I know better than to expect you to understand the relevant science here, but Strobel was at the very least, negligent in publishing such a misrepresentation.

The information provided in the application is true and correct as of the date set forth opposite my signature and that any intentional or negligent misinformation of the information contained in the application may result in civil liability, including monetary damages, to any person who may suffer any loss due to the reliance upon any misrepresentations that I have made on the application, and / or criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States Code, Sec 1001, et seg.

In the New York suit, Sperone Westwater asked the judge to make a declaratory judgment that the archive has no moral rights claims and also seeks damages «for the Defendants» injuries to the gallery's business and reputation,» on counts of breach of implied covenant of good faith and fair dealing, negligent misrepresentation, and interference with business relations.

In response, the foundation is cross-suing Weissman for $ 9 million - plus for «negligent misrepresentation» for allegedly lying about the painting's provenance in a bid to get it authenticateIn response, the foundation is cross-suing Weissman for $ 9 million - plus for «negligent misrepresentation» for allegedly lying about the painting's provenance in a bid to get it authenticatein a bid to get it authenticated.

[2] Slatter J.A. reviews in detail the negligent misrepresentations found by the trial judge, and concludes that the record supports only the misrepresentation concerning the involvement of a mining engineer.

The Business Trial Group can assist you in bringing claims for negligent failure to procure insurance, insurance agents or brokers breach of fiduciary duty, breach of contract to procure insurance, and agents» or broker's misrepresentations.

The Superior Court allowed defendants» motion for summary judgment concluding that they owed no duty of care to Robert, an intoxicated party guest who injured himself, and that a claim for negligent misrepresentation is one that arises only in a business context, not a social setting.

1 Apr. 21, 2016)(unpublished), buyers of seaside property sued seller and a dual broker agent for breach of contract, intentional misrepresentation, negligent misrepresentation, and rescission after dual agent told buyers at a pre-sale stage that foul odors in the house were attributable to «sea air,» when instead they emanated from a post-sale discovery of a buried oil and septic tank on the property.

Representation of a surety alleging liability under performance bond in a case in which the general contractor alleged breach of contract, negligent misrepresentation, and violations of CUTPA against the subcontractor.

The applicants also seek a declaration that a promise made in writing by Mr. McGuinty on September 11, 2003, is a contract with the CTF and that Mr. McGuinty is in breach of this contract or, in the alternative, that this promise was a negligent misrepresentation.

Now, as this article, My Space Hit With Online Predator Suits (SFGate.com 1/18/07), four families have sued MySpace, alleging negligence in monitoring the site and negligent misrepresentation about security.

Abbott and Haliburton Co. Ltd. et al. v. WBLI Chartered Accountants 2015 SCC 23 Evidence — Practice Summary: The plaintiffs sued for negligent misrepresentation alleging that the audited financial statements of AWARD Wholesale and Retail Distributors Ltd. were prepared negligently by the defendants, contained incorrect and misleading information, were not performed in accordance with General Assurance and Auditing Standards, and contained material deviations from Generally Accepted Accounting Principles.

Represented company and executives in fraud, negligent misrepresentation, and wrongful termination matters brought by former CEO with regard to former CEO's employment contract and entitlement to company stock.

In the unusual bonus claim case of Herbert v JP Morgan (2012), he successfully defended the investment bank against a High Court, Queen's Bench Division claim by an banker for a bonus based on an alleged negligent misrepresentation during the recruitment process.

In addition to the MCPA, a plaintiff may choose to sue a dealer under theories of breach of contract, breach of warranty, or fraudulent or negligent misrepresentation.

Claims involving misrepresentation and negligent misstatement in the purchase of property and the failure to complete.

We routinely represent religious clients in matters involving: the First Amendment, ownership and use of church property, detinue, conversion, fraud and misrepresentation, sexual misconduct, negligence, negligent hiring, negligent retention, negligent supervision, intentional and negligent emotional distress, employment based discrimination and harassment and breach of contract.

Former partners of collapsed law firm Cobbetts are facing a multimillion pound claim from a former client, who alleges the firm was professionally negligent and engaged in misrepresentation.

Edison Subs, LLC — a transferee of a Edison, New Jersey Subway restaurant — brought an action in New Jersey state court against the franchisor (Doctor's Associates, Inc.), the former franchisee (Aliya Patel), and the franchisor's affiliate (Subway Real Estate Corp.), alleging breach of contract, fraud, violations of the New Jersey Consumer Fraud Act, negligent misrepresentation, and violation of the covenant of good faith and fair dealing.

Representing a condominium homeowners association in arbitration of the owners» claims for misrepresentation, negligent design and construction following the conversion of the property from apartments to condominiums.

In addition to fraudulent misrepresentation, there is also negligent misrepresentation and innocent misrepresentation.

Damages in tort for negligent misrepresentation (i.e. promises made by the employer that were untrue, especially with respect to job security)

The Court of Appeal noted that the issues in dispute related to wrongful dismissal and negligent misrepresentation, which were not contemplated by the shareholders» agreement.

Represented a health care system in South Texas in a lawsuit against former insurance agents for violations of the Texas Insurance Code, violations of the Texas Theft Liability Act, conversion, fraud, fraud by non-disclosure, negligent misrepresentation, and breach of contract.

The clause also contained language that stated contact damages were limited to direct damages only, excluding losses caused in any way by acts, omissions or misrepresentations (but excluding «any fraudulent or negligent misrepresentation» committed in connection with the agreement).

Negligent misrepresentation is a cause of action in tort, which allows the receiver of false or misleading information to seek recourse through the courts for losses incurred as a result of that misrepresentation.

Advising a hedge fund in relation to claims against various entities controlled by a major bank in relation to misrepresentations and negligent advice which they made / provided in relation to a total return swap.

In addition to common law negligent misrepresentation claims, they make a claim based on the new statutory cause of action found at s. 138.3 of the OSA, which can only be commenced with leave of the court.

The jury also found in favor of the defendant on the fraudulent misrepresentation and concealment claims, but awarded another $ 450,000 to plaintiff on his negligent misrepresentation claim and $ 10 million in punitives.

A deeply entrenched principle in the law of fraud and negligent misrepresentation provides that damages can be recovered only upon a showing of reliance.

The plaintiffs commenced a proposed class action in July 2009 based on claims of negligence, negligent misrepresentation, unjust enrichment and the secondary market liability provision of the Act.

Representation of real estate developers in arbitrations involving allegations of fraud and negligent misrepresentation, and involving claims of rescission.

Two inherent risks that employers face in providing post-employment letters of reference are (1) a former employer advancing a claim of defamation (where the employer provided a negative reference), and (2) a subsequent employer advancing a claim of negligent misrepresentation (where an inaccurate or incomplete reference was provided).

In this claim as well, the court held that the motion judge did not err in dismissing the claim for negligent misrepresentation, but also varied the order to permit an amendment of the pleadingIn this claim as well, the court held that the motion judge did not err in dismissing the claim for negligent misrepresentation, but also varied the order to permit an amendment of the pleadingin dismissing the claim for negligent misrepresentation, but also varied the order to permit an amendment of the pleadings.

In a recent case, the plaintiff sued the defendant agent and her brokerage for negligent misrepresentation in connection with the plaintiff's purchase of a vacant three plus acre parcel of land that the plaintiff acquired with the intention of building a house on the propertIn a recent case, the plaintiff sued the defendant agent and her brokerage for negligent misrepresentation in connection with the plaintiff's purchase of a vacant three plus acre parcel of land that the plaintiff acquired with the intention of building a house on the propertin connection with the plaintiff's purchase of a vacant three plus acre parcel of land that the plaintiff acquired with the intention of building a house on the property.

This therefore emphasises the general principle that to succeed in a claim for negligent misrepresentation it is necessary to show that the misrepresentation was relevant to the decision - making process and was relied upon.

It's small, in light of his other issues, but Donald Trump is once again embroiled in litigation, albeit outside of the United States, which may result in findings against him of at least negligent misrepresentation sufficient to produce personal liability: see Singh v Trump et al, 2016 ONCA 747 (CanLII), < http://canlii.ca/t/gv3z7 >.

As a result, subject to a successful appeal to the Supreme Court of Canada — I can't see leave being granted — the action will proceed, for now, on claims which could produce personal liability for Mr. Trump for, at least, negligent misrepresentation and perhaps fraudulent misrepresentation (see the summary in para. 159, particular items (3) and (4)-RRB-.

The court also ruled that a claim for negligent misrepresentation had not been made as a causal link between the professor's promise to defer Jaffer's status and his damages claimed are not established in the pleadings.

In the Scottish Court of Session, the Lord Ordinary, Lord Hodge, found that Erskine was the directing mind and will of the LLP and that he had decided to enter into the contract in reliance upon the negligent misrepresentation contained in an e-mail that was sent some weeks before the LLP was formeIn the Scottish Court of Session, the Lord Ordinary, Lord Hodge, found that Erskine was the directing mind and will of the LLP and that he had decided to enter into the contract in reliance upon the negligent misrepresentation contained in an e-mail that was sent some weeks before the LLP was formein reliance upon the negligent misrepresentation contained in an e-mail that was sent some weeks before the LLP was formein an e-mail that was sent some weeks before the LLP was formed.

In her view, the question was not what the total loss on the contract was but what loss was shown to have been caused by the negligent misrepresentation.

While Livent affirms that when undertaking a full proximity analysis the court must examine all relevant factors arising out of the relationship between the plaintiff and the defendant, two factors are determinative in the case of negligent misrepresentation — the defendant's undertaking and the plaintiff's reliance.

Claims for negligent misrepresentation have become increasingly common in the pension sector.