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The legal rule itself – how to apply this exception – is complicated, as it is often dependent on who said the statement and which actor it was directed towards. [6] The analysis is thus different if the government or a public figure is the target of the false statement (where the speech may get more protection) than a private individual who is being attacked over a matter of their private ...
A false statement, also known as a falsehood, falsity, misstatement or untruth, is a statement that is false or does not align with reality. This concept spans various fields, including communication , law , linguistics , and philosophy .
Plaintiffs' motion for partial summary judgment on liability denied, 361 F. Supp. 108 (N.D. Ill. 1973), affirmed in part, reversed in part, 512 F.2d 324; cert. granted, 423 U.S. 820 (1975). Holding A misstated or omitted fact in a proxy solicitation is material if there is a substantial likelihood that a reasonable shareholder would consider it ...
Negligent misstatement is not strictly part of the law of misrepresentation, but is a tort based upon the 1964 obiter dicta in Hedley Byrne v Heller [72] where the House of Lords found that a negligently-made statement (if relied upon) could be actionable provided a "special relationship" existed between the parties.
If he acted on that misstatement, though he was also influenced by an erroneous supposition, the defendants will still be liable... It was a statement of intention, but it is nevertheless a statement of fact, and if it could not be fairly said that the objects of the issue of the debentures were those which were stated in the prospectus the ...
Naturalistic fallacy – inferring evaluative conclusions from purely factual premises [105] [106] in violation of fact-value distinction. Naturalistic fallacy (sometimes confused with appeal to nature) is the inverse of moralistic fallacy. Is–ought fallacy [107] – deduce a conclusion about what ought to be, on the basis of what is.
The plaintiff does not need the invention of novel doctrine to help it out in such conditions. The case was submitted to the jury and the verdict was returned upon the theory that even in the absence of a misstatement of a fact there is a liability also for erroneous opinion. The expression of an opinion is to be subject to a warranty implied ...
Mr Mardon was buying a petrol station franchised by Esso Petroleum Co Ltd. Esso told him they had estimated that the throughput of a petrol station in Eastbank Street, Southport, would be 200,000 gallons a year; however, the local council had made a decision regarding planning permission which meant that there would be no direct access from the main street and therefore fewer customers.