What are the requirements for a misrepresentation to be actionable?

What are the requirements for a misrepresentation to be actionable?

In order to prove this misrepresentation is actionable, it must be shown that this representation induced the claimant to enter the contract….Inducement of the claimant

  • The representation made must be material.
  • The representation must be known to the representee.
  • The representation must be acted upon.

What is a material misrepresentation?

Abstract. In an insurance contract, a material misrepresentation occurs when the insured makes an untrue statement that: 1) is material to the acceptance of the risk; and 2) would have changed the rate at which insurance would have been provided or would have changed the insurer’s decision to issue the contract.

What is material representation?

material representation. n. a convincing statement made to induce someone to enter into a contract to which the person would not have agreed without that assertion. Thus, if the material representation proves not to be true or to be misleading, the contract can be rescinded or cancelled without liability.

What is an example of material misrepresentation?

Material Misrepresentation means that (i) a Protected Traveler has made a deposit (if required) and full payment to an Advertiser for a rental property that is listed on a HomeAway Site, (ii) within twelve(12) hours of first entering the subject property on the first day of the rental term, the Protected Traveler …

What is deceit case?

The crime of Estafa or Swindling is punishable under Article 315 of the Revised Penal Code (“RPC”) and there are different forms of committing it. Estafa can be committed a) with unfaithfulness or abuse of confidence; b) by means of false pretenses or fraudulent acts; and c) through fraudulent means.

What is liability for negligent misstatement?

When considering whether any given individual should be held liable under the principle of negligent misstatement in tort, this has been defined as a statement carelessly made in circumstances where there is a duty to be careful and honest, leading to a loss to someone to whom that duty is owed and has acted on that …

What does the documentary Miss Representation depict?

It also depicts how the United State’s mainstream media undermine the representation of women in influential positions. Jennifer S. Newsom is the producer of the documentary Miss Representation.

Who are the actors in Miss Representation?

Miss Representation: Directed by Jennifer Siebel Newsom. With Jennifer Siebel Newsom, Jean Kilbourne, Jim Steyer, Katie Couric. Explores the under-representation of women in positions of power and influence in America, and challenges the media’s limited portrayal of what it means to be a powerful woman.

What is the purpose of Miss Representation?

Miss Representation is a documentary made by Jennifer Siebel Newsom in 2011. It portrays the problem of the women in positions of power and similar crucial professions being misrepresented in mainstream media. What is Miss Representation’s summary?

Who wrote the screenplay for Miss Representation?

The screenplay for Miss Representation was written by Jennifer Siebel Newsom, Claire Dietrich, Jessica Congdon, and Jenny Raskin. Jennifer Siebel Newsom also directed and produced the documentary. She made this movie what we know it today.