Fraudulent misrepresentation is a tort claim, typically arising in the field of contract law, that occurs when a defendant makes a intentional or reckless misrepresentation of fact or opinion with the intention to coerce a party into action...
contracts
(Wex page)
Overview
Fundamental rights are a group of rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment. These rights are specifically identified in the Constitution (especially...
(LIIBULLETIN preview)
This case begins with a loan dispute between Valerie Hawkins and Janice Patterson, as guarantors, and the Community Bank of Raymore, (“Raymore”), as creditor. See Hawkins v. Cmty. Bank of Raymore, 761 F.3d 937, 939 (8th Cir. 2015). Hawkins and...
(LIIBULLETIN preview)
On February 23, 2007, Larry and Cheryle Jesinoski refinanced their home for a $611,000 loan from Countrywide Home Loans. See Jesinoski v. Countrywide Home Loans, Inc., No. 11-cv-0474-DWF-FLN, 2012 WL 1365751, at *1 (D. Minn. Apr. 19, 2012). At the...
(LIIBULLETIN preview)
Petitioners Kindred Nursing Centers et al. (“Kindred Nursing”) operate nursing homes and rehabilitation centers, including the Winchester Centre for Health and Rehabilitation. See Kindred Nursing Centers v. Clark, 478 S.W.3d 306 (Ky. 2015). Respondents...
(Wex page)
The mailbox rule, also called the posting rule, refers to the default rule in contracts law for determining when an offer was accepted. Under the mailbox rule, an offer is considered accepted the moment the offeree mails their letter, rather...
(LIIBULLETIN preview)
In order to address criminal activity and corrupt hiring practices within the Port of New York, former New York Governor Thomas Dewey ordered an investigation of the port in November 1951. Waterfront Commission of New York Harbor v. Murphy at 2. The...
(LIIBULLETIN preview (pre-2014))
Facts
The Airline Deregulation Act (“ADA”) of 1978 preempts states from enacting or enforcing laws or regulations related to the price, route, or service of an air carrier. In January 1995, the Supreme Court held that complaints associated with...
(Wex page)
Overview
In contract disputes, parol evidence is any agreement that is not contained within the written contract. Under the parol evidence rule, these agreements made outside of the contract are inadmissible in court unless there is evidence...
(Wex page)
A promisee is the person to whom a promise is made by the promisor.
[Last updated in December of 2023 by the Wex Definitions Team]