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Really….Does it really do that?????? (10)

December 2, 2012

The topic that stands out to me the most is the topic of fraudulent misrepresentation. I spent most of my younger years in Akure, Nigeria. At that time in Akure, television stations only operated afer 4:30p and even then, only for a few hours. There wasn’t any commercials. My mother and father kept an extremely large collection of American DVD’s. So my siblings and I spent a great bit of time watching DVD’s which of course had no commercials. When I returned to the U.S. I hated American television because it kept getting unterrupted by these advertisements and commercials. I would upset me so badly, that i would cry profusely. My mom explained that there was nothing that could be done and that this was the way television was.

Well needless to say, I wasn’t very happy about. However, what next began was that my siblings and I actually believed everything we saw in commercials. If it said a certain food or cereal would make you stronger, then I would wanted that  food. We wanted every toy advertised and expected it to be just like it was on the commercial. It took awhile for me to realize that everything advertised wasn’t true. When I saw something that sais new and improved, I always expected it to be new and improved but it never seemed any different.

The Commercials

The Commercials (Photo credit: Wikipedia)

  

 the frauds

The biggest influence on me was food advertisements. Junk food that is….

"Remember - i before e, except in Budweis...

“Remember – i before e, except in Budweiser” – Happy FRISKY FRIDAY!!! (2929068862) (Photo credit: Wikipedia)

Then it is like you graduate from children ads to teenage ads and you get the image that drinking beer is what is expected.

Then there come fraudulent misrepresentation. This happens when a false statement about a product or service is intentionally made to get us to buy that product or receive those services. Wow, this has been happening all of our lives.

“Lean Finely Textured Beef” (LFTB) -- Get The ...

“Lean Finely Textured Beef” (LFTB) — Get The Facts …Pink Slime plants close – handing out pink slips (May-08-2012) … (Photo credit: marsmet551)

The following is how fraud can be determined:

  • The defendant made a representation of one or more material facts;
  • The representation was false when it was made;
  • The defendant knew the representation was false when the defendant made it, or defendant made it recklessly (i.e., without knowing whether or not it was true);
  • The defendant made the representation with the intention that the plaintiff rely upon it;
  • The plaintiff relied upon the representation; and
  • The plaintiff suffered damages as a result of the reliance.

I wonder if I can sue for  all of the years that I have waiting for something to make me stronger or more popular, because it hasn’t happened yet.

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