False Rep­re­sen­ta­tion Ex­plained

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False Rep­re­sen­ta­tion is an un­true rep­re­sen­ta­tion will­fully made to de­ceive an­other to his dam­age.

False rep­re­sen­ta­tion means a false or wrong­ful rep­re­sen­ta­tion re­gard­ing a ma­te­rial fact with the knowl­edge or be­lief of its inac­cu­racy.

False rep­re­sen­ta­tion de­pends upon the pe­cu­liar cir­cum­stances and con­di­tions in­volved in each case.

False rep­re­sen­ta­tion is the most com­mon foun­da­tion for ac­tions in fraud and de­ceit and for eq­ui­table relief on the ground of fraud.

Usu­ally, false rep­re­sen­ta­tions can be made by acts, words, or by any of the ways in which ideas may be com­mu­ni­cated from one per­son to an­other.

False Rep­re­sen­ta­tion is a con­duct deemed a breach un­der the Com­merce Com­mis­sion De­cree 2010 (CCD2010) un­der Re­stric­tive Trade Prac­tices.

Ad­vice from the Com­mis­sion

The Com­mis­sion wishes to ad­vise con­sumers to ver­ify in­for­ma­tion given in ad­ver­tise­ments, dis­closed dur­ing ne­go­ti­a­tions, rep­re­sented in bill boards –etc, prop­erly be­fore mak­ing de­ci­sions to en­gage in any trade of goods and ser­vices. It is wise to seek as much ad­vice as pos­si­ble from ex­perts or ac­quain­tenses in or­der to ver­ify in­for­ma­tion dis­closed by traders.

It is equally im­por­tant for busi­nesses to scru­ti­nise all in­for­ma­tion dis­closed dur­ing ad­ver­tise­ments, trade ne­go­ti­a­tions and any forms of dis­clo­sures adopted to mar­ket their prod­uct to mem­bers of the pub­lic.

A lit­tle care can save the im­age of busi­nesses from be­ing la­belled un­scrupu­lous. In­for­ma­tion dis­closed should be viewed from the per­cep­tion it poses to cre­ate amongst the gen­eral pub­lic.

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