Sentences with phrase «negligent misrepresentation cases»

Next, the court considered the Sellers» argument that the comparative fault doctrine does not apply to negligent misrepresentation cases.

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.

Not exact matches

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.

Our lawyers have defended class actions and individual cases alleging personal injury and property damage from environmental contamination or exposure to chemical products based on all types of legal theories, including negligence, fraud, failure to warn, negligent misrepresentation, trespass, private and public nuisance and damage claims such as «fear of cancer» and medical monitoring.

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 court held that on the facts of the case, the statement that the house had been renovated to Code was both a breach of the contract and a negligent misrepresentation.

While it is certainly not a typical case, there might be a claim for negligent misrepresentation.

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 property.

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.

The case was remanded for a retrial of the negligent misrepresentation claim.

His practice emphasizes insurance coverage disputes and the representation of real estate brokers and agents in fraud, negligent misrepresentation, breach of fiduciary duty, and malpractice cases, including litigation based upon mold.

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.

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.»

In a case previously summarized in The Letter of the Law, a federal court has considered whether a buyer's allegations could proceed against a listing broker for negligent misrepresentation when the listing broker failed to disclose the presence of lead paint on the property.