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Not really, justifiable or reasonable reliance on the promise of another can prevent the promisor from offering the defense that there was no consideration for their promise. An enforceable contract requires an offer, an acceptance, and a consideration (or a bargained for exchange). Under the doctrine of Promissory Estoppel, a promise can be held enforceable as a quasi-contract when it would be reasonably foreseeable to the promisor that the promisee would detrimentally rely on their promise. In that case the promisor would be liable to the promisee for reliance damages and possibly even expectancy damages.
What else can I help you with?
Which of the following is not an element of fraud a. Scienter b. Misrepresentation of a material fact c. Justifiable reliance by the innocent party d. Ignorance of the law?
d. ignorance of the law d. ignorance of the law
Why do courts require justifiable reliance in misrepresentation and fraud?
Because otherwise the accused can plausibly maintain that he intended it as a joke, and did not believe that his representations would be believed.
Can fraud only occur when there is reliance on a statement of fact?
Fraud typically involves reliance on a statement of fact, as it often hinges on misrepresentations that induce another party to act or make decisions based on that information. However, fraud can also occur in situations where misleading conduct or omissions lead to a deceptive outcome, even without an explicit statement of fact. Therefore, while reliance on a statement of fact is a common element of fraud, it is not the sole requirement for its occurrence.
Justifiably vs actual reliance?
Actual reliance is when the party acts or refrains from acting due to another person's misrepresentation of a material fact. Justifiable reliance is the party who is relying on the misstatement has the right to rely on it. (for exp. they have peculiar knowledge on the issue at hand) .
What are the 5 elements of fraud?
The five elements of fraud typically include: a false representation or misstatement, knowledge of its falsity (intent to deceive), reliance by the victim on the false information, resulting harm or damage to the victim, and the fraudulent act being committed with intent. Each element must be established to prove fraud in a legal context. These components highlight the deceptive nature of fraud and the consequences it imposes on victims.
How do you sue a wrongful fraudulent foreclosure case?
You can sue the wrongful disclosure fraud if there is any misrepresentation, justifiable reliance, resulting damages and so on. The homeowners should point out each cause of action. You can approach a lawyer who can help you out. To sue a case you may need an upfront fee, monthly payments and bankruptcy payment plans.
What part of speech is the word justifiable?
Justifiable is an adjective.
Is justifiable an adverb?
No. The adverb form of justifiable is justifiably.
What is the Definition of fraud as per Indian penal code?
There is no specific section which deals with Fraud. The element of Fraud has to be made out by Sections 415 and 420 or by reading with forgery i.e. Section 463. Criminal misappropriation or breach of trust also includes/deals with Fraud. Fraud is essentially an element which is specifically defined and provided in Indian Contract Act, which is for Civil remedy. So, fraud has to be established by making co - relations and by drawing analogies and fulfilling its ingredients (which can be made known by looking into judgments which explain 'Fraud')
What is the verb form of justifiable?
The verb form of "justifiable" is "justify".
Is the struggle for liberalism and constitutionalism justifiable?
Is the struggle of liberalism and constitutionalism justifiable?why?
Is the struggle for liberalism constitutionalism justifiable?
Is the struggle of liberalism and constitutionalism justifiable?why?
