This makes sense because it is unfair to hold a defendant liable for a knowingly or
recklessly made false statement when there is more than one reasonable interpretation of the applicable regulation and the government failed to communicate its interpretation.
The plaintiffs challenged eight restrictions on judicial conduct: 1) the prohibition on judicial candidates campaigning as a member of a political organization, 2) the prohibition on judicial candidates making speeches for or against political organizations or candidates, 3) the ban on judicial candidates making contributions to political causes or candidates, 4) the prohibition on judicial candidates from publicly endorsing or opposing candidates for public office, 5) the prohibition on judges from acting as a leader or holding office in a policitical organization, 6) the prohibition on judicial candidates knowingly or
recklessly making false statements during campaigns, 7) the ban on judicial candidates making misleading statements, and 8) the prohibition on candidates making pledges, promises, or committments in connection with cases, controversies, or issues that are likely to come before the court.
With respect to the intentional misrepresentation claim, the court found there was no direct evidence that the appraiser knowingly or
recklessly made false statements.
Not exact matches
The case is about a handful of
recklessly false and defamatory
statements made on the web page.»
REALTORS ® shall not knowingly or
recklessly make false or misleading
statements about other real estate professionals, their businesses, or their business practices.
The following procedure will be followed when an association brings a complaint that another state or local association has failed or refused to comply with or has otherwise violated any NAR - mandated policy, other than the Core Standards for State and Local Associations, including without limitation the duty imposed by Article I, Section 2 of the Bylaws to «avoid
false, deceptive, or misleading advertising and marketing practices and shall not knowingly or
recklessly make false or misleading
statements about other Member Boards, or Member Boards» programs, products or services.»
It provides that «REALTORS ® shall not knowingly or
recklessly make false or misleading
statements about competitors, their businesses, or their business practices.»
To prove fraud, a defendant must
make a
false statement that the defendant either knows is
false or
recklessly does not try to confirm as true; the
statement must have been
made with the intent to defraud; the
statement must be relied upon; and the other party suffers damages.
The salesman knew that his
statements were
false or he
made the
statements recklessly, not caring whether they were true or
false.
That consideration be given to whether REALTORS ®» responsibility for the content of all firm / agent communications (including websites, electronic newsletters, weblogs, etc.) should be addressed under Article 15 (i.e. knowingly or
recklessly making false or misleading
statements about competitors), specifically the duty to refrain from repeating («forwarding») defamatory information online.
Editors» note: Article 15 of the Code of Ethics says, «REALTORS ® shall not knowingly or
recklessly make false or misleading
statements about competitors, their businesses, or their business practices.»
Both Article 12, the duty to honest and truthful in real estate communications, and Article 15, the duty to avoid knowingly or
recklessly making false or misleading
statements about others in the real estate business, have obvious applications in the social media world.
To prove fraud, defendants must
make a
false statement they either know is
false or
recklessly don't try to confirm as true.
Article 15 (Case Interpretations for Article 15) REALTORS ® shall not knowingly or
recklessly make false or misleading
statements about other real estate professionals, their businesses, or their business practices.
CMPS members will not knowingly or
recklessly make false or misleading
statements about competitors, their businesses, or their business practices.