DATE: June 12, 2012 TO: Mr. Plex, Owner, Royal 16 Theater FROM: Team 8 RE: Analysis of Liability for Fraud Based off of your request, we have completed an analysis concerning Royal 16 Theater’s liability for fraud assumed by the customer, Tommy. Please contact us if any additional information is needed. July at the Multiplex Executive Summary What are the standards of selling a service or product so the customer will not get furious? If we tried out best but they are still unsatisfied, what kind of response should we give? In this case “July at the Multiplex”, the plaintiff, Tommy, was not satisfied with the service that was provided with Royal 16 Theater. He demanded the money that he paid be returned. The theater owner, Mr. Plex …show more content…
The duty to mitigate damages is the responsibility of the plaintiff because the plaintiff injured by the breach of the contract cannot recover for losses that could have been easily avoided. In this case Tommy fulfilled his duty to mitigate damages and was not trying to recover for any damages that he could have easily avoided. Instead Tommy wants to file a lawsuit based on misrepresentation. A misrepresentation is a statement made that is not unified with the truth. There are two categories that misrepresentation can fall under: either innocent or fraudulent. When a misrepresentation is innocent it was made not intentionally to deceive the other party. A fraudulent misrepresentation is made with the intent to deceive with knowledge that it is false. Tommy wants to pursue legal action against Royal 16 Theater on the basis that they conducted fraudulent misrepresentation. Prima Facie Case The prima facie case that relates to this case between Tommy and Royal 16 Theater is Cao and Cao v. Nguyen and Pham. In Cao and Cao v. Nguyen and Pham the plaintiffs file a lawsuit against the defendant for fraudulent misrepresentation. They said that when they were attempting to buy a property the defendants claimed that the property was in fact a duplex and that multiple families could live there. The city building and safety department revealed that the property was not a duplex and could
The Tort of Negligence put the claimant in the position to prove that the defendant owed to them a duty of care, the defendant breached that duty and the claimant must have suffered damages as result of that breach (Donoghue v Stevenson [1932] AC562).
One of the elements of fraudulent misrepresentation is the innocent party 's reliance on the misrepresentation.
“Simple recipes” by Madeleine Thien, and “The Closing Down of Summer” by Allister MacLeod both focus on the struggles the characters undergo due to cultural gaps, or being away from home from work, creating the sense of isolation or alienation within their families. The impression of isolation found in the text is generated from the situational behaviours found in the actions, thoughts, or exchange of language in the characters. For Macleod focuses on how his protagonist uses ancestral rituals to find individual fulfillment on the account of his work occupation deteriorating his connection with family. Whereas Thiens story demonstrates how the uses of ritualistic behaviour has created a tension between the different social identities of oriental
Businesses only have a limited amount of funds to their disposal. They must never waste any on customers who complain and are never satisfied. Jayson DeMers states, You only have so much time, money, and energy to dedicate to customer service, or to your business, and an unreasonable customer or client can quickly eat away at the majority of it.” Franchises only have so much to give before their well is empty. When it goes empty, companies depend upon satisfying customers to replenish what's been lost. Furthermore, it's essential that companies direct their attention towards consumers that make purchases. Dissatisfied customers will do the opposite. They'll go thru the hassle of bickering to the employees about the product they bought. Criticize
This is a case of fraudulent misrepresentation. W.F. Yost, was the owner of an establishment called Red Barn Barbecue Restaurant who listed it for sale. Richard Ramano, his wife and his brother-in-law of Rieve Enterprises, became interested in purchasing the property. They conducted a visual inspection of the premises and began entering into a contractual agreement of purchase based on the statement "Seller warrants that at the time physical possession is delivered to buyer, all equipment will be in working order and that the premises will pass all inspections necessary to conduct such business." (Leagal.com, 2015) After a routine health inspection uncovered 52 cited health code violations, just two weeks after the Ramano’s purchased the business, the Heath Department shut down the business. The Ramano’s file a case of fraud against Yost for knowingly misrepresenting the material damages of the equipment and building. (Cheeseman , 2013) The question befalls, should the
Misleading is giving a wrong impression or lead toward a wrong conclusion, especially by intentionally deceiving. In this article, the author Casey Junkins talk about the disappointment of students being misled and convinced the West Virginia Business College they attend, will remain open.
6. Ask customers what they want! Often their request will be more reasonable than whatever it was you were going to do to make it right. And it will be the solution they want, not the solution you think they want!
As I first stated, as my customer, I must do what I can for this business. Customers are always said ‘to be right’, I do not always agree with this, however as their consultant, I must do what I can to keep them happy. In doing so, I must stick to my plan. I must also meet all deadlines and deliver a product that they will satisfied with. I do want them to be a repeat customer and get the word out there that I do good work. I would also implement a good follow up schedule and honor all promises and guarantees that have been set forth in the contract.
Deception is the mindful, intentional act of communicating information (or intentionally not sharing information) that the sender knows to be false, nonetheless the sender is attempting to create a false impression within the mind of the receiver. There has been debate within the research community of the types of deception, however, for
What is misrepresentation? Well, the basic definition of misrepresentation states that it is “the action or offense of giving a false or misleading account of the nature of something” (). In the novels Nectar in a Sieve and Born on the Fourth of July, I was introduced to the idea of misrepresentation, which correlates with the theme of injustice, through the construction of the tannery and the glamorization of the Vietnam war. The lives of both of the main characters from each novel were drastically altered because of false entities that were disguised as supposed opportunities.
The author provides several main rules including “The Ten Commandments of Customer Service” which he then describes in detail in the book. The
Being intentionally misled by someone can lead to either a satisfying or displeasing outcome depending on why the person is misleading you. Whether it is literature or reality, the result of being misled varies based on their reasons for deceiving you.
The following highlights the main issues affecting the Royal Theatre and its consortium: since the issues is in regard to a claim exists on the basis of fraudulent misrepresentation against the surrounding theatres and the Royal Theatre, a statistical analysis was required to collect data from movie-goers to lead to an ethical conclusion.
It was the summer of fourth grade. My parents had promised me a trip to paradise. I wanted to go to the ocean and see all the beautiful marine life. I had been anticipating this since the day the trip was booked. I began to look up everything that there is to know about the ocean. The types of animals that live there, the temperature of the water, which was quite warmer than I had anticipated. The most intriguing part was the marine life. It was as if the ocean was a picture that humans can go into to. That is how beautiful the ocean can be all the time. I remember counting down the days on my snoopy calendar. My parents told me stories of the time that they went to the ocean and they saw the beauty first hand. They wanted me to have the same experience as they did when they were my age. The real reason that I wanted to go on this trip was to learn as much as I can about marine life. At the time I really wanted to become a marine biologist. That was my passion in life.
Misrepresentations can be made by assertion. This includes impliedly, for example the case of Gamage v Charlesworth’s Trustees sets out that in order to buy goods on credit implies a representation of ability to pay for them and of intention to do so. Septimus never had the intention of paying for the car and nevertheless, tells Wilma that he would come back to pay. This is a pure lie which he has tried to do several times in the past as a trickster, so I do think he deliberately misrepresented himself here which misled her.