6-2G: Fraudulent Misrepresentation ( kê khai gian lận )

A misrepresentation leads another to believe in a condition different from the real condition,
the condition that actually exist.
Fraudulent misrepresentation is intentional deceit for personal gain. In another word, they
have purpose when they doing this, any type of lie or false statement that is used to trick a
person into an agreement will be count as fraudulent misrepresentation through your spoken
word, your body language, your silence, and inaction.
For example, when you buy a house and asking the agent or the house owner about the living
condition in the area is it peaceful, do your neighborhood silence or karaoke everyday? The
neighbor hood will sing karaoke everyday but the agent say no this neighborhood is very
peaceful and silence, the best choice for people who need to work in the silence environment
like you. This can be count as fraudulent misrepresentation cause they make up the thing in
order to convey you to buy the house and sign the contract.
This tort has several elements:
Misrepresentation of material fact.
Intent to induce another to rely on the misrepresentation.
Justifiable reliance by innocent party.
Damages suffered as a result of reliance.
A causal connection between misrepresentation and the injury suffered.

 A representation was in fact made;

 That particular representation was false;
 The defendant had knowledge that the representation was false; 
 The statement was made with the intention that the other party rely on it and enter into
a contract or agreement; 
 The plaintiff did in fact rely on the misrepresentation and would not have otherwise
entered into the contract or agreement without it; and
 The plaintiff suffered measurable harm as a result of the fraudulent information or
statement. 

Fraud misrepresentation occur when it is not only mere puffery (seller’s talk) must be involve,
it must be the fact that the seller represents the fact that he or she know it untruth.
Like when O say he is the richest people in the city but people know it is untruth
Negligent misrepresentation (khai báo sai do cẩu thả)
The key difference between intentional and negligent misrepresentation is whether the person
making the misrepresentation had actual knowledge of its falsity. Negligent misrepresentation
requires only that the person making the statement or omission did not have a reasonable basis
for believing its truthfulness.
For example, when you want to buy my phone and asking me about the battery health and i say
it very good even though iam not sure about it and not checking it and you bring my phone
home and charging until it rich 100% but it die after 4 mins. So I was negligent when iam telling
u it healthy based on my feelings but not going to check it
6-2H: Abusive/ Frivolous Litigation
The filing of a lawsuit without legitimate grounds and with malice. Alternatively,
the use of a legal process in an improper manner.
the torts of abuse of process (lạm quyền tố tụng) and malicious prosecution (sự Kiện Tụng Có
Ác Ý, Tội Vu Cáo) is the level of proof.
Malicious prosecution is intentionally or maliciously pursuing, casing a legal action that is
brought without probable cause and dismissed in favor of the victim of the malicious
prosecution.
Mr A sued mr C for stolen his bike but when then mr A admitted that he don’t really know who
stole his bike so that that admission proved MrA had Mr C arrested for an improper motive,
leading to a successful malicious prosecution claim
Unlike malicious prosecution, abuse of process is not limited to prior litigation and does not
require the plaintiff to prove malice
prosecution: quá trình/thủ tục/sự khởi tố nghi phạm
malicious: ác ý, có thù địch
abuse: lạm quyền, lạm dụng
plaintiff: nguyên đơn, bên kiện
defendant: bị cáo

6-2I: Wrongful Interference

Contractual Relation
1. A valid, enforceable contract must exist between two parties.
2. A third party must know that this contract exists.
3. This third party must intentionally induce a party to the contract to breach the contract
Business Relation
For example, if a competitor contacts your employee and persuades him to leave your
company to work for him or persuades a customer to breach a contract with you, you may sue
him for tortious interference.

competitive practices and predatory behavior—actions undertaken with the intention of

unlawfully driving competitors completely out of the market
defendant used predatory methods to intentionally harm an established business
relationship or gain a prospective economic advantage.
Defense to wrongful interference
the interference was justified or permissible
Bona fide competitive behavior—such as marketing and advertising strategies—is a
permissible interference even if it results in the breaking of a contract.