Massachusetts Jury Instruction - Computer Fraud - Causing Damage To Computer Or Program
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FAQ
A misrepresentation is a false or misleading statement or a material omission which renders other statements misleading, with intent to deceive. Misrepresentation is one the elements of common law fraud, and other causes of action for fraud, such as securities fraud.
Looking to the Restatement (Second) of Torts definition, Massachusetts courts have held that in order to recover for negligent misrepresentation, a plaintiff must show that the defendant: (1) in the course of its business, (2) supplied false information for the guidance of others (3) in their business transactions, (4) ...
Intentional Misrepresentation: A statement made by the defendant, with the intent to deceive, that is known to be false or made recklessly and without regard to whether it is true or not.
A misrepresentation is a false statement of a material fact made by one party which affects the other party's decision in agreeing to a contract. If the misrepresentation is discovered, the contract can be declared void. Depending on the situation, the adversely impacted party may seek damages.
On the other hand, if a car dealer says that a car is ?new? when in fact the car dealer knows that the car has been wrecked, repaired, and repainted, the car dealer has misrepresented a material fact, and has committed fraud.
Fraudulent misrepresentation is a tort claim, typically arising in the field of contract law, that occurs when a defendant makes a intentional or reckless misrepresentation of fact or opinion with the intention to coerce a party into action or inaction on the basis of that misrepresentation.
There are three main types of misrepresentation: Fraudulent misrepresentation. Negligent misrepresentation. Innocent misrepresentation.
Under Massachusetts law, a plaintiff may recover for unjust enrichment upon a showing that 1) she conferred a benefit upon the defendant, 2) the defendant accepted that benefit and 3) the defendant's retention of the benefit would be inequitable without payment for its value.