Fraudulent Misrepresentation Recovery
Summary
Fraudulent misrepresentation allows recovery when the tortfeasor knowingly makes a false statement. Failure to act can be a tort if theres a duty to act, such as in negligence cases. Understanding these concepts is crucial for legal proceedings in New York.Full Conversation
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In cases of fraudulent misrepresentation, the innocent party is most likely to recover when the tortfeasor "knows that the misrepresented material fact is false." This involves knowingly making a false statement with the intent to deceive, leading to reliance and potential damages for the innocent party. Is there anything specific you would like to know about how this applies in New York?
A failure to act cannot be considered a tort, even if it causes a loss to or injury to another party.
Group startsTrue or False
False. In certain situations, failing to act can indeed be considered a tort, such as in cases where there is a duty to act. For instance, negligence can arise when someone fails to take action despite having a duty to do so, resulting in harm to another party. Would you like more information on how this is applied in New York?