Question

12. Describe and explain the type of misrepresentations occurring in the following situations, when a guest asks the waitress of a restaurant about the ingredients in the dish she ordered.

a. The waitress unconsciously states it has beef when in fact it has pork in

the dish.

b. The waitress states with reasonable grounds for believing the dish has beef

when in fact it has pork.

c. The waitress intentionally tries to cheat the guest states it has beef, but

contrary it has pork.

Answer 1

a. The waitress unconsciously states it has beef when in fact it has pork in the dish: Negligent misrepresentation

Explanation:

Negligent misrepresentation occurs when a false statement is made believing it to be true but has no reasonable grounds for the belief. Here the waitress made the false statement that the dish has beef when it actually contained pork believing it to be true but has no reasonable grounds to believe so as the statement was made unconsciously. Hence the type of misrepresentation occurred in this situation is a negligent misrepresentation.

b. The waitress states with reasonable grounds for believing the dish has beef when in fact it has pork: Innocent misrepresentation

Explanation:

Innocent misrepresentation occurs when a false statement is made believing it to be true and has reasonable grounds for that belief. Here the waitress has made the false statement that the dish contains beef believing it to be true and has reasonable grounds to believe that it has beef when actually it has pork. Hence this situation involves innocent misrepresentation.

c. The waitress intentionally tries to cheat the guest states it has beef, but contrary it has pork: Fraudulent misrepresentation

Explanation:

Fraudulent misrepresentation occurs when a false statement is made intentionally to mislead the other party, knowing that it is false. Here the waitress knows that the dish has pork and she is intentionally making the false statement that it has beef to cheat the guest. Hence the type of misrepresentation occurred in this situation is fraudulent misrepresentation.