Topic
Misrepresentation
289 published works
TortsProf Blog
“House of Zog” Would be a Good Name for a Band.
A number of Torts and Products Liability casebooks use Hauter v. Zogarts, 534 P.2d 377 (Cal. 1975) for a variety of issues relating to misrepresentation and warranty, and for good…
British Columbia Insurance Blog
Bolen v. ICBC [2006] B.C.J. No. 3045, British Columbia Supreme Court
The Plaintiffs’ vehicle was stolen and the motor vehicle insurer denied their claim on the basis that they made material and wilful misrepresentations. The Court found that the Plaintiffs had…
The Trademark Blog
Now Random House Takes Action Against Misrepresentations
Random House, publisher of the partly fictional memoir 'A Million Little Pieces,' has announced a settlement that involves refunds to buyers, but will require extensive documentation from buyers to prevent,…
Boston ERISA & Insurance Litigation Blog
Voiding Policies for Misrepresentations
I like this case. Lobsters, boats, New England in the summer, insurance coverage - what's not to like? Beyond that, this decision this month from the First Circuit is a…
Delaware Corporate & Commercial Litigation Blog
Chancery Court Rules on Specific Performance; Equitable Fraud; Intentional Misrepresentation; Rescission; Uncertain Damages and Unrebutted Expert Testimony
Williams v. White Oak Builders, Inc., (read opinion here.) In this Chancery Court case, a homeowner sought specific performance of an alleged covenant, or alternatively rescission of a contract for the sale of…
Delaware Corporate & Commercial Litigation Blog
Chancery Court Bars Claim for Fake Artwork
Krahmer v. Christie’s, Incorporated , (download decision from this link). This Chancery Court opinion involved the claim that a painting acquired at an auction in 1986 was not the original…
ContractsProf Blog
Can You Disclaim the Obligation to be Truthful?
When sophisticated parties, represented by able counsel, agree to a contract term that explicitly releases either party from liability for misrepresentation and disclaims all reliance in a complex transaction, should…
British Columbia Insurance Blog
Pereira v. Hamilton Township Farmers’ mutual Fire Insurance Co. [2006] O.J. No. 1508, Ontario Court of Appeal
The Insurer’s appeal of a trial judgment awarding damages, including punitive damages of $2.5 million, to insured owners and tenants was allowed where the Court held that the trial judge…
ContractsProf Blog
Landfill on Land Equals Misrepresentation?
From Arkansas, an interesting case of alleged misrepresentation. The parcel in question (near Fayetteville) which runs along a highway was advertised as “having commercial potential.” Unfortunately, for the buyers, it…
ContractsProf Blog
Craswell: Taking Information Seriously
Richard Craswell (Stanford) has a new paper out, Taking Information Seriously: Misrepresentation and Nondisclosure in Contract Law and Elsewhere. Here's the abstract:Contract law attempts in various ways to regulate the…