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Torts — Fraudulent Misrepresentation — Sixth Circuit Finds Law School Applicants Could Not Reasonably Rely on School-Provided Employment Statistics. — MacDonald v. Thomas M. Cooley Law School, 724 F.3d 654 (6th Cir. 2013)

• Source: Harvard Law Review, 2014 Jan 01. 127(3), 1017-1024.

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Prijevara i materijalni nedostaci po Bečkoj konvenciji - dvije strane istog novčića? ; Fraudulent misrepresentation and non-conformity within the CISG - two sides of the same coin?

• Authors : Kruševljanin, Lejla; Bilić, Antun

Subjects: CISG; prijevarno postupanje; valjanost ugovora

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A comparative study between “dolo ilícito” in Portuguese Law, fraudulent misrepresentation in English Law and fraud in DCFR ; O dolo nos contratos: um estudo comparativo entre o direito Português, o direito Inglês e o DCFR

• Authors : Valério, Carla

• Source: Católica Law Review; Vol 6 No 2 (2022): Private law; 43-82 ; Católica Law Review; v. 6 n. 2 (2022): Direito privado; 43-82 ; 2184-0334 ; 2183-9336 ; 10.34632/catolicalawreview.2022.6.2

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Did court dismiss fraudulent misrepresentation claims filed by student‐athletes on squash team?

• Authors : Eric Lyerly

Subjects: Misrepresentation; Law; General Medicine

• Source: College Athletics and the Law. 18:9-9

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‘Fraudulent Misrepresentation and Eating Disorder’, International Journal of Law and Psychiatry, 26, pp. 713–17

• Source: Social Work Ethics ; page 385-390 ; ISBN 9781315242842

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Honest Confusion: The Purpose of Compensatory Damages in Tort and Fraudulent Misrepresentation

• Authors : Lens, Jill Wieber

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In Redgrave v Hurd, the plaintiff contracted to purchase a house attached to a solicitor’s business in reliance upon a non-fraudulent misrepresentation as to its profitability. Although, today, it would be difficult to argue that there was any form of reasonable reliance upon the misrepresentation sufficient to give rise to an action in tort, it remains the case that it was the defendant’s mis-statement which led the plaintiff to believe that he was buying a more profitable business than in fact was the case. In these circumstances, to allow the defendant to keep the purchase price might be seen to involve an unjust enrichment, which was reversed by an order for rescission of the contract, which included the return of a £100 deposit: Redgrave v Hurd (1881) 20 Ch D 1, CA, p 12

• Source: Sourcebook on Contract Law ; page 729-731 ; ISBN 9781843141518

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opinion. It surely makes more sense to construe the words ‘so liable’ in s2(1) as merely referring to the general existence of damages under s2(1), which had formerly only existed in respect of fraudulent misrepresentation rather than as importing all the rules of fraud into what is, at root, a negligence action. In Smith New Court Ltd v Citibank NA, Lord Steyn at the very least raised a critical eyebrow. ‘The question is whether the rather loose wording of [s 2(1)] compels the court to treat a person who was morally innocent as if he was guilty of fraud when it comes to the measure of damages. There has been trenchant academic criticism of the Royscott case: see Richard Hooley ... (1991) 107 LQR 547. Since this point does not directly arise in the present case, I express no concluded view on the correctness of the decision in Royscott’. Of course, fact that fraud rules on damages and remoteness of loss apply to an action under s2(1) does not mean that all the rules applicable to actions for deceit are also applicable. For example, there may be different rules for the purposes of limitation of actions. Much of the law in relation to damages for fraudulent and negligent misrepresentations have been reviewed recently by the House of Lords in Smith New Court Securities Ltd v Citibank NA (originally Scrimgeour Vickers Ltd and Another). The case concerned the losses caused by the dramatic fall in

• Source: Sourcebook on Contract Law ; page 717-717 ; ISBN 9781843141518

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same position he/she would have been in if the statement had not been made rather than to put him into the position he/she would have been in had it been true. In cases of fraudulent misrepresentation, the defendant is also liable for all the damage to the claimant which flows directly from the fraudulent statement. In Doyle v Olby (Ironmongers) Ltd, the defendant advertised his business for sale, claiming that it had an annual turnover of £27,000. The plaintiff, who was interested in purchasing the business, was shown copies of the accounts and was informed that trade entailed ‘Two-thirds retail, one-third wholesale – all over the counter’, which indicated that the purchaser would have no need to employ a commercial traveller to canvass for orders. In fact, turnover was less than had been represented and half the trade was wholesale, requiring a traveller to canvass for orders. However, the plaintiff could not afford to employ a traveller, with the result that all that trade was lost. It was accepted that the relevant misrepresentations were fraudulent and the plaintiff sued for damages. The Court of Appeal held that, for the purposes of a fraud action, the plaintiff could recover in respect of all the damage which flows from the fraudulent statement: Doyle v Olby (Ironmongers) Ltd [1969] 2 QB 158, CA, p 166

• Source: Sourcebook on Contract Law ; page 708-712 ; ISBN 9781843141518

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Tort Law: Tort Liability When Fraudulent Misrepresentation Regarding Birth Control Results in the Birth of a Healthy Child - Wallis v. Smith

• Authors : Saiz, Brenda

• Source: New Mexico Law Review

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