July At The Multiplex Essay

1222 words - 5 pages

The question
There are couple of questions that must be addressed. These include the way the consortium should survey its patrons and how would it use the results? Tommy learned from the newspaper that the movie “The Governator” was supposed to start at 1pm. This is also what his ticket said and what the cashier informed him about. However, in reality the movie only began at 1.20 pm. In such cases, does Tommy have a cause of action for fraudulent misrepresentation against the theatre? Since Tommy gave cash for the ticket, there was a contract. And if Tommy has a cause of action what does this mean for Mr. Plex and the consortium? Is Tommy entitled for a refund when he watched twenty minutes ...view middle of the document...

When looking at the property, the plaintiff learned that it consisted of two separate apartment units, which meant that it had two separate entrances, gas meters and even two separate mailboxes. The defendant also represented to the plaintiff that two families rented the property at the time. The court concluded that this was a representation of a fact. It also found reasonable reliance, because the plaintiff, Cao did not have a chance to learn about this information on his own. All the information told by the seller and the physical layout of the property indicated that it was a separate unit. The court also found that the other elements of the fraudulent misrepresentation were also met. The city’s building and safety department concluded that the units could not safely be used by two separate families, and the seller knew that the buyer was looking for two units. The Caos also clearly suffered damages because they paid the buyer money based on the representation and they also lost income by their inability to rent out the place. Since the appellate court found that the elements of the fraudulent misrepresentation were clearly met, it reversed the trial court’s decision and remanded for further proceeding.
            Similarly to the Caos, Tommy’s case also meets all the required elements for fraudulent misrepresentation. There was a statement made by the newspaper, the cashier and the ticket itself about the start time of the movie. That representation was in fact false because the movie did not start until 20 minutes after it was supposed to. The theatre knew that the statement was false long before it made the statement. The misrepresentation was made with the intention of Tommy relying on it, because the theatre wanted Tommy there at 1pm in order for him to watch the commercials. A reasonable person in Tommy’s situation would have relied on the misrepresented fact because is a person wants to watch a movie they do show up at the expected start time. Lastly, Tommy did incur damages because he spent the money on the tickets.
            Naturally, the theatre would argue that the court should reach the opposite conclusion, because Tommy does not meet the elements. They can point out that Tommy could have found out about the real start time from other sources. For example, a friend could have told him that movies tend to start later. However, the courts made it clear that in order to prove fraudulent misrepresentation, the plaintiff only required to prove six elements.  As mentioned above, the...

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