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Misrepresentation: The Restatement's Second Mistake
15/15 checkable references clean · checked 2026-08-28
Every reference with a DOI in the deposited reference list resolved to a known work in Crossref or DataCite at the dated check, and none carried a retraction, withdrawal, or removal notice.
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The 15 checked references that resolve
resolves10.1089/glr.2008.12113
Emerald Casino, Inc. v. Illinois Gaming Board,
<i>No. 1-07-0881, 2007 Ill. App. LEXIS 1253 (Ill. App. Ct. Nov. 26, 2007)</i>
resolves10.2903/j.efsa.2009.1254
Scientific Opinion on the substantiation of health claims related to beta glucans and maintenance of normal blood cholesterol concentrations (ID 754, 755, 757, 801, 1465, 2934) and maintenance or achievement of a normal body weight (ID 820, 823) pursuant
resolves10.1080/00208825.1996.11656682
Internationalization and Professionalization in Accounting Services
resolves10.1163/1874-6772_seg_a3_745
Delos (now Paros). Tit. IG XII5 271 + Add. p. 312, vs. 5 restituit id.
resolves10.17161/1808.20178
Honest Confusion: The Purpose of Compensatory Damages in Tort and Fraudulent Misrepresentation
resolves10.1126/science.3422518
The 35 references without a DOI — listed, not checked
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no DOI — not checkedExamples include the following: principal and agent, executor and beneficiary, majority and minority shareholders, and old friends. A trend among courts finds a duty to disclose under circumstances where a failure to disclose goes against what an ordinary, ethical person would have disclosed. Id. at 739. Factors of importance include: difference in degree of intelligence, relation of parties to each other
no DOI — not checkedFor example, an action intended to prevent the other party from acquiring material information is treated as though he had stated the nonexistence of the concealed fact
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no DOI — not checkedThe plaintiff must have suffered substantial damage before the cause of action can arise. Nominal damages will not be awarded in deceit. No recovery is permitted if plaintiff is not worse off because of the misrepresentation
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no DOI — not checkedIn Texas, both standards are recognized for fraudulent misrepresentations; the benefit of the bargain standard includes "'lost profits ? that would have been made if the bargain had been performed as promised
no DOI — not checkedThe court purports to follow the Restatement, however, the Restatement calculation of damages would be the difference between the value received and the purchase price. Also, seven jurisdictions limit liability to out of pocket damages even for deceit. See RESTATEMENT (SECOND) OF TORTS � 549, reporter's note 2 (1965). In Montana
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no DOI — not checkedSee alsoWatkins Rest. Co. v. Rabideau, L-80-123
no DOI — not checkedFor a summary of punitive damages in tort actions for deceit, see Jill Wieber Lens, Honest Confusion: The Purpose of Compensatory Damages in Tort and Fraudulent Misrepresentation, 59 Kan
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no DOI — not checkedwell settled that punitive damages are not recoverable for negligent misrepresentation
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no DOI — not checkedthe fact that the plaintiff's recovery was in the form of specific restitution, rather than monetary damages, does not necessarily preclude an award of exemplary damages
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