Quote:
Originally Posted by Kenny Cole
Easy. The cause of action is deceit/false representation. Carmona/Hernandez: 1) falsely represented his age; 2) he did so knowing the representation was false when made; 3) the Plaintiff relied on the false representation in purchasing his cards (I have some trouble with the concept that a ballplayer's misrepresentation regarding his age is actually an inducement to others to speculate on his rookie card, but will give the Plaintiff the benefit of the doubt for purposes of this discussion); and 4) the Plaintiff was damaged. Arguably, he's got all but one of the elements of a misrepresentation claim covered.
The real problem is with that pesky other element, the one not mentioned above, which is that Carmona made his misrepresentation with the intent that it would be acted upon by the Plaintiff. Since I don't see how that could possibly be proven by the Plaintiff, I don't see how Plaintiff can show a prima facie case.
|
I was thinking the same thing!!