Sentences with phrase «with negligent misrepresentation»

The Nunezes also charged the licensees with negligent misrepresentation, alleging that one of the sales associates had told them it was «a waste of time» to have the property inspected since the sellers had no plans to put money into the property.

Not exact matches

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.

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.

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.

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

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).

Further, there was no negligent misrepresentation as the Province did not have a duty to inform Moulton of the details of the consultation process (or First Nations dissatisfaction with it).

Business tort claims include legal disputes focused on misappropriation of trade secrets, for instance, as well as conversion of property, negligent misrepresentation of facts, and tortious interference with contract or business relationships.

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.

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.

York submits that Jaffer has attempted to frame his dispute with his professor regarding his paper assignment as grounds for a claim for negligent misrepresentation; however, that dispute is «part and parcel» of the dispute over Jaffer's grades.

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.

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.

With respect to the negligent misrepresentation claim, Jaffer claims that he has pleaded the elements of the tort and seeks damages for his unnecessary expenses and for the resulting delayed entry into the workforce.

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.

(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.

Sharing MLS data that contains errors with a buyer client doesn't make you guilty of negligent misrepresentation, even if the buyer relied on that erroneous information in making a purchase.

Lack of proper representation is difficult to prove, and a provable financial loss must be established with direct responsibility for same being proven to be laid at the feet of the defendant in order for a lawsuit for misrepresentation, negligent or fraudulent in nature, to be successful in court.

In any event there was admitted misrepresentation on the seller's part; no question about it, with the seller's signature attesting to the misrepresentation, be it innocent, negligent or fraudulent in nature.

Negligent misrepresentation occurs when individuals, in the course of their business, knowingly supply false information with the intent to deceive.

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.

With the new inspection report in hand, the couple determined with the help of a contractor that it would cost more to repair the property than to rebuild, so they sued, charging the sellers with fraudulent concealment and negligent misrepresentatWith the new inspection report in hand, the couple determined with the help of a contractor that it would cost more to repair the property than to rebuild, so they sued, charging the sellers with fraudulent concealment and negligent misrepresentatwith the help of a contractor that it would cost more to repair the property than to rebuild, so they sued, charging the sellers with fraudulent concealment and negligent misrepresentatwith fraudulent concealment and negligent misrepresentation.

The appellate court ruled that the Investors could not invoke the arbitration clause because the Investors were not a party to the contract with KPMG, and so the court stated that the Investors could not compel arbitration of the consumer fraud violations and the negligent misrepresentation claims.