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Full-Text Articles in Law

Negligent Misrepresentation: Fraud Or Negligence, June W. Wiener Jan 1964

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.


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 …


Bad Checks For The Price Of Goods, William E. Mccurdy Jan 1964

Bad Checks For The Price Of Goods, William E. Mccurdy

Cleveland State Law Review

A seller receives a check from the buyer for the price of goods. When presented to the bank on which it was drawn, payment is refused. The buyer may, or may not, have had sufficient funds on deposit at the time the check was drawn, but insufficient when refused now although becoming sufficient immediately after the check was presented. Or the buyer may have known or have had reason to know that there would be insufficient funds to meet the check. Or the buyer never had an account at the bank. Or the one obtaining the goods may give a …


Damages In Fraud Actions, Howard M. Rossen, Howard H. Fairweather Jan 1964

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 …


Economic Problems Of Fraud Law, Robert A. Leflar Jan 1964

Economic Problems Of Fraud Law, Robert A. Leflar

Cleveland State Law Review

Whether fraud has changed or not, the economic society in which it occurs has changed, and ethical standards which prevailed a millennium or even a generation ago will not maintain the vaunted efficiency of today's complex commercial and industrial organization.


Fraud In Realty Transactions, David S. Lake Jan 1964

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).