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Cleveland State University

Journal

1964

Scienter

Articles 1 - 2 of 2

Full-Text Articles in Law

Doctrinal Problems Of Fraud Law, Page Keeton Jan 1964

Doctrinal Problems Of Fraud Law, Page Keeton

Cleveland State Law Review

The editorial staff of the Cleveland-Marshall Law Review is to be commended for making and carrying out the decision to publish this symposium issue on Fraud and Misrepresentation. The legal rules and principles related to the general question as to when an alleged misrepresentation will serve as a basis for any kind of relief in favor of the prejudiced party to a bargaining transaction are being constantly adjusted to meet new marketing practices and the ingenuity of mankind either to avoid unfavorable transactions or to induce favorable ones. It can be said without fear of contradiction that both case law …


Group Fraud: Fault Or Duty, William J. Moore Jan 1964

Group Fraud: Fault Or Duty, William J. Moore

Cleveland State Law Review

Recently, the legal bastion of "fairness" and "fault" in fraud and decit cases has been assaulted by courts, administrative agencies, and legal scholars. The walls are still standing, but here and there cracks have begun to appear and the words status and duty are no longer obscene in the field of seller's liability for false and misleading representations. A thorough study would require an analysis of all the environmental factors in a group-institutionalized society and also the interests the courts are protecting. Thispaper will touch on judicial protection of the consumer's interest in physical integrity, and the protection of consumer …