Sentences with phrase «misrepresentation claim does»

Unlike in a rescission claim, a franchisee need not worry about post-termination restrictive covenants in the franchise agreement, such as non-compete and non-solicitation covenants, since a misrepresentation claim does not seek to end the franchise relationship.

A misrepresentation claim does not seek to cancel or reverse the franchise purchase, but merely seeks damages for losses, whether past or future.

Not exact matches

Had she done even a little bit of research, she would realize that ABC's claims are just the same old misrepresentations and scaremongering.

If, and to the extent that New Jersey law applies, with respect to residents of New Jersey, the terms in Section 5 (and with respect to 5 (c), insofar as any claims may arise from, or relate to, consumer protection or fraud and / or misrepresentation, or result in attorney's fees) does not limit any rights you may have as a consumer under New Jersey law and are intended to be only as broad and inclusive as permitted by the laws of the state of your residence.

Gavin's Whinge In recent comments about Yamal, Gavin Schmidt claimed that he had been misrepresented in my recent post, but, all too characteristically, did not quote the supposed misrepresentation.

Another misrepresentation is the claim that CO2 is evenly distributed throughout the atmosphere and levels don't vary much over time.

When Nordhaus objected to this misrepresentation of his work, Patrick Michaels doubled - down on the misrepresentation, claiming Nordhaus didn't understand his own research.

Of course, Jones et al 1990 claimed to have done such analysis, but this was a misrepresentation as observed separately by Doug Keenan and myself.

So if I give you a deed to the bridge over the ship channel or to the moon, and you find out later I don't own it, I've made no misrepresentation if I give a quick claim deed.

With respect to the negligent misrepresentation claim, buyers might be the prevailing parties based on a broad fees «arising out of» fees clause depending on what the trial court does on remand as far the damages recalculation.

«You Done Me Wrong,» an article on business torts, misrepresentation, contract interference and unfair competition, Conroy Simberg Claims Seminar Publication, 2010

Justice Glenn Hainey ultimately found that the limitation of liability clauses did not apply to BDC's claims based on Experian's fraudulent misrepresentations and breach of contract and therefore did not preclude or limit any damages award on these grounds.

The Eleventh District concluded that a viable spoliation claim does not require proof that the evidence was physically destroyed, and could go forward if Elliott - Thomas could prove there was «intentional concealment, interference with, or misrepresentation of evidence.»

Expertise in what does and does not constitute misrepresentation in commercial agreements and in the remedies available to our clients whether they find themselves making or resisting a claim.

The court noted that the broad arbitration agreement found in the shareholders» agreement did not specifically exclude tort, fraud or misrepresentation claims from its scope.

First, the Small Claims Court actions do not raise the same issues of disclosure and misrepresentation that is at the heart of the Superior Court action.

The rule in Foss v. Harbottle did not apply to the respondents» claims for fraudulent misrepresentation and conspiracy.

You're claiming authorship of something you didn't author — a misrepresentation of fact.

In certifying the action as a class proceeding, Belobaba J. addressed Manulife's argument that the pleadings did not disclose a cause of action claim in respect of the s. 138 claim because the action was not commenced within three years of the alleged misrepresentations (as required by s. 138.14 of the Act and the Ontario Court of Appeal's decision in Sharma v. Timminco Ltd., 2012 ONCA 107).

That all does not sound like plaintiff established enough to get to a jury on a negligent misrepresentation claim, but, like we said, we might be a bit biased.

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 pleadings.

Did the motion judge err in finding that the entire agreement clause in the parties» contract disposed of any claim regarding the respondent's alleged post-contractual misrepresentations and breach of its overriding duty of honesty?

(1) extending negligent misrepresentation beyond «business transactions» to product liability, unprecedented in Texas; (2) ignoring multiple US Supreme Court decisions that express and implied preemption operate independently (as discussed here) to dismiss implied preemption with nothing more than a cite to the Medtronic v. Lohr express preemption decision; (3) inventing some sort of state - law tort to second - guess the defendant following one FDA marketing approach (§ 510k clearance) over another (pre-market approval), unprecedented anywhere; (4) holding that the learned intermediary rule does not apply whenever a defendant «compensates» or «incentivizes» physicians to use its products, absent any Texas state or appellate authority; (5) imposing strict liability on an entity not in the product's chain of sale, contrary to Texas statute (§ 82.001 (2)-RRB-; (6) creating a claim for «tortious interference» with the physician - patient relationship, again utterly unprecedented; (7) creating «vicarious» breach of fiduciary duty for engaging doctors to serve as expert witnesses in mass tort litigation also involving their patients, ditto; and (8) construing a consulting agreement with a physician as «commercial bribery» to avoid the Texas cap on punitive damages, jaw - droppingly unprecedented.

These rights do not extend to information collected in connection with or in reasonable anticipation of a claim, civil or criminal proceeding, or to specific items of privileged information when an applicant or policy holder is suspected of fraud, material misrepresentation, or material nondisclosure.

I have written in the past and on my firm website about how life insurance companies often do not go far enough when investigation applications, instead denying coverage for misrepresentations only after a claim is made — called postclaim underwriting.

I have written in the past and on my firm website about how life insurance companies often do not go far enough when investigation applications, instead denying coverage for misrepresentations only after a claim -LSB-...]

If they did, and if they find a material misrepresentation (such as answering no to a question about whether they've ever taken any types of non prescription drugs when in fact they have), then the insurance carrier can deny the claim.

Not doing so can result in misrepresentation which can be a ground for rejection of death claim.

What can real estate salespeople do besides getting a properly signed disclosure statement to protect themselves against claims for misrepresentation?

The sellers claimed fraud, negligent misrepresentation, and breach of fiduciary duty against the buyer and the buyer's representative, arguing that the buyer did not make a good faith effort to secure financing, and that the buyer's representative failed to notify the lender that the sellers had agreed to lower the purchase price.

Mortgage servicer's alleged misrepresentations regarding application of principal and interest from monthly mortgage payments did not state a RESPA claim.

This does not mean that negotiating parties are free to use deception or to negotiate in bad - faith manner: such conduct can give rise to claims of negligent or fraudulent misrepresentation, which in turn will spark a legal claim by the injured party for damages, among other things.

The trial court originally granted the representative's motion for summary judgment on the misrepresentation claims, finding that the purchaser could not have justifiably relied on the representative's statement because the purchaser was a sophisticated party, had inspected the property, and the title report did not mention beach access.

Illinois court rules that a broker's statement that he had a «strong relationship» with the alderman did not constitute a misstatement of fact necessary to bring a misrepresentation claim.

Comments Off on Do Walk - Throughs and Inspections Hurt a Misrepresentation Claim?

9 DOS 94 Matter of DOS v. Shane - motion for pre-hearing discovery beyond SAPA 401 (6) is denied; rules re: subpoenas in administrative proceedings reiterated; proper procedure of reserving right to file post-hearing memorandum of law; MLS form listing agreements are acceptable; individual license not sufficient to allow acting as representative of corporate licensee - need affiliated license; agreements procured by individual acting under name of firm but without affiliated license are illegal and unenforceable - no brokerage fee can be claimed; misrepresentation and execution of unauthorized extension; misrepresentation of law (distinction between canceling agency authority and abiding contract rights); RPL § 443 controls the disclosures required of licensees; subsequently licensed corporation not vicariously liable; failure to provide copy of agreement (19 NYCRR 175.12); inadvertence considered in determining penalty

An Illinois appellate court has ruled that a broker's statement that he had a «strong relationship» with the local alderman did not constitute a misstatement of fact necessary to bring a misrepresentation claim.