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Questions on Misrepresentation Laws

What is misrepresentation?

Misrepresentation is a term used in Contract Law to denote a false statement made by one party to another to fraudulently get the party to enter into a contract. Under the US law, there are three types of misrepresentations—innocent, negligent and intentional. While in innocent misrepresentation, only contractually damages are awarded. However, in negligent misrepresentation proximate damages can be recovered and finally, if the misrepresentation is fraudulent, punitive damages may be claimed. Below, Legal Experts answer questions on misrepresentation.

What is the process to sue a union for misrepresentation?

You may initiate a complaint against the union by contacting the Labor Board in your state. You may explain your case to the investigator at the Board. In all likelihood, you will be advised on the process to follow and put in touch with a lawyer who may provide you with free consultation.

Can I sue my divorce attorney for misrepresenting me during the proceedings?

You may report the attorney for malpractice and unprofessional conduct to the state bar. There, a committee will review your case and discipline the attorney if finds a cause to do so. Here is the link for the American Bar Association directory; http://www.americanbar.org/groups/professional_responsibility.html

However, if you wish to sue the attorney, you may hire an attorney for malpractice. Since the process can be tedious and complex and a suit for malpractice is difficult to prevail, you will need sufficient evidence against your attorney. Also, most attorney may refuse represent you against another attorney in such a case. To ensure that you can meet the burden to sue, you may read the following information.

I purchased two sets of lottery scratch-off tickets with overall ratio of 1:3.37 on one and 1:3.25 on the other. However, neither set won the lottery. Can I sue for misrepresentation?

Typically, the ratio of lottery tickets is based on all tickets made and in your case that would mean that only 1 in 3.37 would be winners. While this is a common complaint, the stand of the state is that you purchase the tickets with the understanding that your odds of winning are slim considering the overall production of tickets. While you may take the state to court, the damages awarded may not compensate you for the expense of the legal procedure including hiring an attorney.

Also, if you choose to bring a class action against the state with others who bought the ticket, here too the attorney may take a large percentage of the compensation awarded. The rest will again be split among all members.

Does a claim for misrepresentation against an attorney start from the date of discover and what is the statute of limitations in such cases in Illinois?

Typically, under Illinois law, the statute of limitation for filing claims against an attorney for misrepresentation is two years from when such malpractice was discovered or reasonably should have been discovered. Under no circumstances can a case be brought up beyond six years from when the event occurred.

Under the specific rules of the statute of limitations, in cases where the plaintiff may have been disabled beyond the capacity to recognize any malpractice, he or she will have two years to file a legal malpractice claim from the date when that disability is removed. Similarly, if a case is still pending, the statute of limitation may be extended till the end of the case where malpractice will be decided only if irreparable harm was done.

In the event that you wish to bring a claim for misrepresentation, certain criteria will have to be fulfilled to prove your claim. You will have to prove that a false statement of fact has been made, that this statement was directed at you and that the statement led to bind you to a contract. If you wish to learn more about what the law says in cases of misrepresentation and how to file a claim, ask the Legal Experts.
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