misrepresentation claim (Pennsylvania) · Go Syfert
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misrepresentation claim in Pennsylvania

13 Pennsylvania opinions name it 8 courts 1978–2022 1 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Blumenstock v. Gibsongreen
pasuperct · 2002 · cited in 3 Pennsylvania opinions naming this issue, 2005–2022
2 sentences

2022These cases call for a “somewhat different approach” to a strict application of the [p]arol [e]vidence [r]ule and abandon blind adherence to the maxim that “a party cannot justifiably rely upon prior oral representations yet sign a contract denying the existence of those representations.” 1726 Cherry Street, 653 A.2d at 670 n.6; Blumenstock v. Gibson, 811 A.2d 1029, 1036 (Pa. Super. 2002).5 Instead, the relevant rule governing the admissibility of alleged pre-contractual representations—and thus defining the ultimate viability of a misrepresentation claim—is as follows: in a “real estate inspe

2005Blumenstock, 811 A.2d at 1036 . (16) If the integration and release language standard to real estate contracts released sellers from liability, a release from liability would occur in virtually every real estate dispute and would render the Disclosure Law meaningless.

23
Kerrigan v. Villeigreen
paed · 1998 · cited in 2 Pennsylvania opinions naming this issue, 2004–2014
2 sentences

2014Kerrigan v. Villei, 22 F. Supp. 2d 419, 429 (E.D.Pa. 1998).

2004Kerrigan v. Villei, 22 F. Supp.2d 419, 429 (E.D.

22
LeDonne v. Kesslergreen
pasuperct · 1978 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022LeDonne v. Kessler, 389 A.2d 1123, 1130 (Pa. Super. 1978). 5 The Superior Court has indicated that this “somewhat different approach” was “crafted because the court realizes that … unsophisticated buyers of residential real estate[] are pragmatically incapable of fully ascertaining the physical condition of the property they are buying” such that the court has refused to strictly enforce the parol evidence rule. 1726 Cherry Street…, 653 A.2d [at] 670 n.6…. - 15 - J-A14004-22 [We] can imagine a case where the facts relevant to making a determination of “justifiable reliance” are simply too clos

11
Abel v. Millergreen
pasuperct · 1981 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017The Plaintiffs averr that Mrs. Lankard justifiably relied on the misrepresentations ·, of Lively when she signed the SLA However, "where the assertions put forth: by one party are specificaJly contradicted by the written agreement, Bardwell applies and parol evidence is admissible only to prove fraud in the execution, not the inducement. of the contract." McGuire, supra, citing Abel v. Miller, 293 Pa.Super, 6. io, 437 A.2d 963, 965 (l982).

11
Huddleston v. Infertility Center of America, Inc.green
pasuperct · 1997 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017See Huddleston v. Infertility Clinic of America, Inc., 700 A.2d 453 (Pa. Super. 1997Xaffinning trial court conclusion that representations that one is a "premier" company is not sufficient to support an intent to induce by misrepresentation; representations regarding the quality of the program amounted to mere "puffing," rather than fraud); see also Breckenridge v Cambridge Homes, 622 N.E.2d 1201 (1993)(holding statements by home builder to home purchaser, that home would be built with "expert workmanship" and "custom quality," that home would be "perfect," and that home would have quality sim

11
Gibbs v. Ernstgreen
pa · 1994 · cited in 1 Pennsylvania opinions naming this issue, 2004–2004
2 sentences

2004To establish a claim for fraud, a claimant must prove the following: “(1) a representation; (2) which is material to the transaction at hand; (3) made falsely, with knowledge of its falsity or recklessness as to whether it is true or false; (4) with the intent of misleading another into relying on it; (5) justifiable reliance on the misrepresentation; and (6) the resulting injury was proximately caused by the reliance.” Gibbs v. Ernst, 538 Pa. 193, 207 , 647 A.2d 882, 889 (1994). (footnote omitted) The parties dispute whether it is necessary for the claimant to rely on the misrepresentation un

2004To establish a claim for fraud, a claimant must prove the following: “(1) a representation; (2) which is material to the transaction at hand; (3) made falsely, with knowledge of its falsity or recklessness as to whether it is true or false; (4) with the intent of misleading another into relying on it; (5) justifiable reliance on the misrepresentation; and (6) the resulting injury was proximately caused by the reliance.” Gibbs v. Ernst, 538 Pa. 193, 207 , 647 A.2d 882, 889 (1994). (footnote omitted) The parties dispute whether it is necessary for the claimant to rely on the misrepresentation un

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
1726 Cherry Street Partnership v. Bell Atlantic Properties, Inc. green
pasuperct · 1995
1 sentence

2022These cases call for a “somewhat different approach” to a strict application of the [p]arol [e]vidence [r]ule and abandon blind adherence to the maxim that “a party cannot justifiably rely upon prior oral representations yet sign a contract denying the existence of those representations.” 1726 Cherry Street, 653 A.2d at 670 n.6; Blumenstock v. Gibson, 811 A.2d 1029, 1036 (Pa. Super. 2002).5 Instead, the relevant rule governing the admissibility of alleged pre-contractual representations—and thus defining the ultimate viability of a misrepresentation claim—is as follows: in a “real estate inspe

12022–2022
McGuire v. Schneider, Inc. green
pa · 1988
1 sentence

2017The Plaintiffs averr that Mrs. Lankard justifiably relied on the misrepresentations ·, of Lively when she signed the SLA However, "where the assertions put forth: by one party are specificaJly contradicted by the written agreement, Bardwell applies and parol evidence is admissible only to prove fraud in the execution, not the inducement. of the contract." McGuire, supra, citing Abel v. Miller, 293 Pa.Super, 6. io, 437 A.2d 963, 965 (l982).

12017–2017
Abu Dhabi Commercial Bank v. Morgan Stanley & Co. green
nysd · 2009
1 sentence

2010In Abu Dhabi, supra, 615 F.Supp.2d at 155, the controlling issue for the court was whether the rating agencies’ first amendment defense should be governed by the line of cases cited in footnote 119, supporting the general rule that under typical circumstances the First Amendment protects rating agencies, or the line of cases cited in footnote 120, denying First Amendment protections where ratings were provided only to a select group of investors.

12010–2010
In Re National Century Financial Enterprises, Inc. green
ohsd · 2008
1 sentence

2010The court, following Dunn & Bradstreet, ruled that the misrepresentation claim could proceed because the rating agency prepared the bond ratings “knowing that its ratings would be seen on the offering documents given to only a select class of qualified investors, of whom Lloyd’s was one.” 580 F.Supp.2d at 648 .

12010–2010
Yocca v. Pittsburgh Steelers Sports, Inc. green
pa · 2004
2 sentences

2010Our Supreme Court detailed the parol evidence rule and its applicability in Yocca v. Pittsburgh Steelers Sports Inc., 578 Pa. 479, 854 A.2d 425 (2004): Where the parties, without any fraud or mistake, have deliberately put their engagements in writing, the law declares the writing to be not only the best, but the only, evidence of their agreement.

2010Our Supreme Court detailed the parol evidence rule and its applicability in Yocca v. Pittsburgh Steelers Sports Inc., 578 Pa. 479, 854 A.2d 425 (2004): Where the parties, without any fraud or mistake, have deliberately put their engagements in writing, the law declares the writing to be not only the best, but the only, evidence of their agreement.

12010–2010
Shelley v. Kraemer green
scotus · 1948
2 sentences

1989Cases which support this court’s position that Pennsylvania would no longer be neutral on the issue of private racial discrimination if it permitted a finding that the alleged misrepresentation of the real estate agent is material, if it provided a remedy for this misrepresentation, if it permitted its judicial machinery to be used to decide the factual issues raised by the misrepresentation claim and if it devised a legal framework for deciding the racial composition of the neighborhood include Reitman v. Mulkey, 387 U.S. 369 , 87 S.Ct. 1627 (1967); Burton v. Wilmington Parking Authority, 365

1989Cases which support this court’s position that Pennsylvania would no longer be neutral on the issue of private racial discrimination if it permitted a finding that the alleged misrepresentation of the real estate agent is material, if it provided a remedy for this misrepresentation, if it permitted its judicial machinery to be used to decide the factual issues raised by the misrepresentation claim and if it devised a legal framework for deciding the racial composition of the neighborhood include Reitman v. Mulkey, 387 U.S. 369 , 87 S.Ct. 1627 (1967); Burton v. Wilmington Parking Authority, 365

11989–1989
Reitman v. Mulkey green
scotus · 1967
2 sentences

1989Cases which support this court’s position that Pennsylvania would no longer be neutral on the issue of private racial discrimination if it permitted a finding that the alleged misrepresentation of the real estate agent is material, if it provided a remedy for this misrepresentation, if it permitted its judicial machinery to be used to decide the factual issues raised by the misrepresentation claim and if it devised a legal framework for deciding the racial composition of the neighborhood include Reitman v. Mulkey, 387 U.S. 369 , 87 S.Ct. 1627 (1967); Burton v. Wilmington Parking Authority, 365

1989Cases which support this court’s position that Pennsylvania would no longer be neutral on the issue of private racial discrimination if it permitted a finding that the alleged misrepresentation of the real estate agent is material, if it provided a remedy for this misrepresentation, if it permitted its judicial machinery to be used to decide the factual issues raised by the misrepresentation claim and if it devised a legal framework for deciding the racial composition of the neighborhood include Reitman v. Mulkey, 387 U.S. 369 , 87 S.Ct. 1627 (1967); Burton v. Wilmington Parking Authority, 365

11989–1989
Burton v. Wilmington Parking Authority green
scotus · 1961
2 sentences

1989Cases which support this court’s position that Pennsylvania would no longer be neutral on the issue of private racial discrimination if it permitted a finding that the alleged misrepresentation of the real estate agent is material, if it provided a remedy for this misrepresentation, if it permitted its judicial machinery to be used to decide the factual issues raised by the misrepresentation claim and if it devised a legal framework for deciding the racial composition of the neighborhood include Reitman v. Mulkey, 387 U.S. 369 , 87 S.Ct. 1627 (1967); Burton v. Wilmington Parking Authority, 365

1989Cases which support this court’s position that Pennsylvania would no longer be neutral on the issue of private racial discrimination if it permitted a finding that the alleged misrepresentation of the real estate agent is material, if it provided a remedy for this misrepresentation, if it permitted its judicial machinery to be used to decide the factual issues raised by the misrepresentation claim and if it devised a legal framework for deciding the racial composition of the neighborhood include Reitman v. Mulkey, 387 U.S. 369 , 87 S.Ct. 1627 (1967); Burton v. Wilmington Parking Authority, 365

11989–1989
Frumento v. UNEMP. COMP. BD. OF REV. green
pa · 1976
2 sentences

1979The claimant argues that, because he wanted to avoid a confrontation with the employer, had he disclosed that the call involved a labor dispute, he was justified in making the misrepresentation under the rule in Frumento v. Unemployment Compensation Board of Review, 466 Pa. 81 , 351 A.2d 631 (1976).

1979The claimant argues that, because he wanted to avoid a confrontation with the employer, had he disclosed that the call involved a labor dispute, he was justified in making the misrepresentation under the rule in Frumento v. Unemployment Compensation Board of Review, 466 Pa. 81 , 351 A.2d 631 (1976).

11979–1979
In Re Conti green
nj · 1977
2 sentences

1978Conti, Jr., 75 N.J. 114 , 380 A. 2d 691 (1977), the Supreme Court of New Jersey held that an attorney’s acknowledgment of the grantors’ signatures on a deed which falsely recited that the grantors were personally present was a misrepresentation in violation of D.R. 1-102(A)(4) warranting severe reprimand.

1978Conti, Jr., 75 N.J. 114 , 380 A. 2d 691 (1977), the Supreme Court of New Jersey held that an attorney’s acknowledgment of the grantors’ signatures on a deed which falsely recited that the grantors were personally present was a misrepresentation in violation of D.R. 1-102(A)(4) warranting severe reprimand.

11978–1978

Where else courts name it

TX 54 (1982–2025) AL 28 (1926–2017) CA 23 (1976–2025) MA 22 (1991–2025) IL 18 (1979–2024) WI 14 (1984–2025) MI 14 (1994–2023) WA 14 (1989–2024) TN 13 (1991–2024) FL 13 (1937–2018) PA 13 (1978–2022) NY 13 (1991–2026) IA 11 (1980–2025) OR 7 (1988–2020) NE 7 (1994–2023) MO 7 (1984–2017) CO 7 (1990–2026) OH 6 (1994–2022) MD 6 (2003–2023) MN 6 (1986–2026) NC 5 (2008–2026) NV 5 (1986–2025) GA 4 (1993–2017) LA 4 (1985–2009) ID 3 (1987–1990) NJ 3 (1994–2025) VT 3 (2014–2024) CT 3 (1997–2002) KY 3 (2007–2024) AK 3 (2006–2016) IN 3 (2000–2020) ME 2 (2013–2013) AR 2 (1988–2010) NH 2 (1987–2004) KS 2 (2023–2024) DC 2 (2013–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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