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Full-Text Articles in Law
Fraud In Realty Transactions, David S. Lake
Fraud In Realty Transactions, David S. Lake
Cleveland State Law Review
In real estate transactions, the law will protect the innocent, unwary, and sometimes stupid, buyer from fraud, misrepresentation and deceit. This article presents a summary of that law, categorized according to the specific matter misrepresented (i.e., misrepresentations of value, income, size or quantity, and condition or quality).
Negligent Misrepresentation: Fraud Or Negligence, June W. Wiener
Negligent Misrepresentation: Fraud Or Negligence, June W. Wiener
Cleveland State Law Review
Although there was no remedy for negligent misrepresentation at common law, and English law apparently still provides none, the American courts have all, in one way or another, accepted the thesis that "conscience, fair dealing and the usages of business require" some type of liability. But the nature and limits of that liability have never been clearly defined by the majority of American jurisdictions.
Damages In Fraud Actions, Howard M. Rossen, Howard H. Fairweather
Damages In Fraud Actions, Howard M. Rossen, Howard H. Fairweather
Cleveland State Law Review
Two distinct legal theories have been developed in determining the amount of damages to be awarded in an action for fraud and deceit. The majority view is the "benefit-of-the-bargain" rule (also known as the "warranty rule"), and the minority view is known as the "tort rule" (or more commonly, the "out-of-pocket" rule). Both rules have limited use. In Hines v. Brode the California court made it clear that the two rules should be applied only where a contract is fully executed or where the plaintiff stands on his contract and has not rescinded it. The rationale behind this holding is …