Topic: questions of fraud, the truth and materiality of representa… · Go Syfert
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Topic #9259

8 canonical passages across 4 cases, quoted by 40 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Del Mazo v. Sanchez.

#Case FlagCanonical passage Citers
1 Del Mazo v. Sanchez Anchor
gactapp · 1988
green “questions of fraud, the truth and materiality of representations made by a seller, and whether the buyer could have protected himself by the exercise of proper diligence are, except in plain and indisputable cases, questions for the jury.” 6
2 Carpenter v. Curtis
gactapp · 1990
green “he can affirm the contract and sue for breach or seek to rescind and sue in tort for fraud and deceit.” 5
3 Del Mazo v. Sanchez
gactapp · 1988
green “if the contract is invalid because of the antecedent fraud, then the disclaimer provision therein is ineffectual since, in legal contemplation, there is no contract between the parties.” 5
4 Crews v. Cisco Bros. Ford-Mercury, Inc.
gactapp · 1991
green “false and fraudulent representations as to an existing fact which induced the signing of a sales contract give the purchaser the right to rescind the contract.” 5
5 Benevento v. Life USA Holding, Inc.
paed · 1999
green “courts should be concerned with assuring that the insurance purchasing public's reasonable expectations are fulfilled.” 5
6 Benevento v. Life USA Holding, Inc.
paed · 1999
green “regardless of the ambiguity (or lack thereof) inherent in a given set of insurance documents (whether they be applications, conditional receipts, rider, policies, etc.), the public has a right to expect that they will receive something of comparable value in return for the premi…” 5
7 Benevento v. Life USA Holding, Inc.
paed · 1999
green “thus, where an individual applies and pays for specific insurance coverage, the insurer may not unilaterally change the coverage or issue a policy differing from what the insured requested and paid for without affirmatively showing that the insured was notified or, and understoo…” 5
8 Carpenter v. Curtis
gactapp · 1990
green “two actions are available to one who was fraudulently induced by misrepresentations into entering a contract: he can affirm the contract and sue for breach or seek to rescind and sue in tort for fraud and deceit.” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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