July at the Multiplex Misrepresentation

Misrepresentation

In order for Tommy to pursue legal action in a case consisting of fraudulent misrepresentation he must prove certain facts that lead him to be misrepresented. “Misrepresentation is an assertion that is not in accordance with the truth. When a person enters a contract because of his justifiable reliance on a misrepresentation about some important fact the contract is voidable.” There are two types of misrepresentation: fraudulent and innocent misrepresentation. Fraudulent misrepresentation is made when a person knows of the falsity and has the intention of being deceptive. In this case the plaintiff must allege to the following list of elements to prove fraudulent misrepresentation. (1) An untrue assertion of a fact was made. (2) Assertion was made with knowledge of falsity and with the intention to deceive. (3) Plaintiff actually relied on the untrue assertion. (4) The plaintiff justifiably relied on the untrue assertion. (5) Lastly the plaintiff must prove he suffered economic loss.

“An untrue assertion of fact, or equivalent, must be a past or existing fact as distinguished from a promise or prediction about some future happening.” The assertion of what time the movie began was made to Tommy in three different ways. First, the newspaper Tommy read listed that the movie would start at 1:00pm. After arriving to the theater and purchasing his ticket Tommy asked the cashier what time the movie would begin. The cashier confirmed to Tommy that the movie would begin at 1:00. She also pointed out the time posted on the marquee. Lastly Tommy looked over his ticket, which reassured him the movie started at 1:00 pm.

Next, was the assertion of fact made with knowledge of falsity? Employees at the Royal 16 Theater should know about the twenty-minute commercials shown before the start of any movie. When Tommy originally asked the cashier what time the movie began she should have informed him about the previews. Also management approves posted times on...