Chapter 11 - Case Study 9 & 11

Chapter 11 - Case Study 9 & 11 - Chapter 11 Case Study...

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Chapter 11: Case Study Number 9 Issue: The issue presented in this case is whether trade puffing can be considered a misrepresentation of a material fact, which could be actionable in fraud. Rule: In order to amount to fraud, a representation as to value must be coupled with some untrue or misleading statement of fact used to reinforce the opinion. In order to bring a cause of action to rescind based on fraud, the facts must justify the allegations. Analysis: In this case, although the instructors opined as to Plaintiff’s dancing ability, they did not tell her the whole truth. The large expenditures that Plaintiff made, in pursuit of her “progress”, were not justified by the fact that she was not improving. Conclusion: Generally for a misrepresentation to be actionable it must be one of fact rather than of opinion, or where there has been some artifice or trick employed by the party making the misrepresentation, or where the person to whom the representation is made does not have an equal opportunity to become apprised of the truth or falsity of the fact represented. Yes. A
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