Sentences with phrase «negligent misrepresentation by»

However, the court said the seller could be vicariously liable for negligent misrepresentation by the real estate agent who said the odor was sea air.

A federal appellate court has considered whether an appraiser could be sued for negligent misrepresentation by the purchaser of a mortgage.

In Mahler v. Keenan Real Estate, Inc., the Supreme Court of Kansas addressed allegations of fraudulent and negligent misrepresentation by a buyer against a vendor and a brokerage firm.

There was no negligent misrepresentation by the landlord for not voluntarily disclosing the exclusivity provisions, because the tenant and its principal never indicated they were going to sell giftware or clothing.

Not exact matches

[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 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.

1 To the extent that you are not a public figure and this is not a matter of public concern, even a negligent misrepresentation about what you actually wrote on Facebook, that is not a statement of opinion and is not accompanied by a reference allowing someone to confirm the accuracy of the statement at the source, could give rise to legal liability on the part of the person giving the tip.

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.

The plaintiffs are suing for fraud, negligent misrepresentation, breach of warranty and false advertising, and are represented by these guys.

Trial Victory by Joe Garin and Angela Ochoa Insurance Broker client was sued for intentional and negligent misrepresentation.

Trial Victory by Joe Garin and Steve Keim Real Estate Broker client was sued for 1) Breach of Contract, 2) Breach of Fiduciary Duties, 3) Violation of the Securities Act, and 4) intentional and negligent misrepresentation.

Successfully opposed attempt to certify proposed nationwide class action brought by franchisees against franchisor alleging claims for, among other things, fraud, negligent misrepresentation, and breach of contract.

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).

The plaintiff also claimed a longer notice period because the defendant, allegedly, had induced the plaintiff to leave secure employment by making fraudulent or negligent misrepresentations about the job security that the plaintiff would enjoy.

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.

Having said this, the risks of defamation and negligent misrepresentation are usually outweighed by the risks associated with refusing to provide a letter of reference.

A claim for negligent misrepresentation requires an incorrect statement made negligently to be relied upon by a claimant when entering into an agreement.

[4] The Plaintiffs are suing the federal government for damages for negligent misrepresentation arising from the government's failure to advise them of the significant, identifiable risks they were facing by resigning from the public service to join Loba — risks that related to the government's assessment of the legitimacy of the Loba arrangements...

As a result, Hamilton could only succeed if he showed that there was a negligent misrepresentation made by Allied Domecq.

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.

The appellants submitted that the respondent made a negligent misrepresentation when he failed to disclose that under the arrangement with the third party supplier in place at the time the agreement of purchase and sale was entered into, the respondent was financing the supply of pigs by purchasing them when they came to the barn and reselling them to the third party supplier when they left.

Regardless of insurance claim records (breach of fiduciary duty represents about five per cent of claims in B.C.), the stats are categorized by the dominant insured risk and I'm convinced lurking inside the major claim categories of negligence and negligent misrepresentation (nearly 80 per cent of all claims in B.C.), we could find some agency issues.

If ever you feel that you have been victimized by a commissioned sales person, be it a Realtor, a Mortgage Broker / salesperson, or a fee - for - services person like an Appraiser, a new - age real estate «fee - for - service» advisor, or even by a lawyer, under the legally defined terms of Negligent Misrepresentation, or as in Crazy Guy's case, «Fraudulent Misrepresentation», stand firm if you are morally outraged by these bullying tactics, and fight the good fight.

That is why, as Bob Aaron says, and as Barry Lebowe says, that there is far more trouble caused by the negative fallout from SPIS driven deals involving misrepresentations, innocent, negligent or fraudulent in nature, whether these actions reach the in - court stage, or not, than the public, nay, many lawyers realize.

A third party can bring negligent misrepresentation allegations against professional individuals or entities who provide false information due to lack of competence or failure to exercise proper care in preparing information which is relied upon by a third party and such reliance is foreseeable to the professional.

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.

Therefore, the court sent the negligent misrepresentation and breach of fiduciary duty allegations against the Buyer's Representative back to the trial court for consideration by a jury.

However, the court found that the Buyer's breach of fiduciary duty and negligent misrepresentation allegations against the Buyer's Representative should have been considered by a jury, and so sent those allegations back to the jury.

A 1996 Kansas case had a very favorable outcome for real estate practitioners, holding that they «may protect themselves from negligent misrepresentation actions by disclaiming knowledge of the property's defects and having a seller acknowledge such disclaimer.»

Stephens v. Sponholz (251 A.D. 2d 1061)- purchaser's causes of action against seller for fraud and negligent misrepresentation stand; the «as is» and general merger clauses of the purchase agreement are not specific disclaimers and do not preclude a cause of action based upon fraud in the inducement of the contract; issues of fact remain as to whether seller made express fraudulent representations concerning water in the basement of the house or actively concealed the problem and whether purchaser could have discovered the defect by the exercise of reasonable diligence.

2d 572 (Fla. 4th DCA 1966) Related: Misrepresentation by a Real Estate Professional: Claims for Negligent or Unintentional Misrepresentation -LSB-...]