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This seems to resemble more a problem of agency law. The recruiter was an agent of the government. Is the government liable for their agent's statements to pote
by Pinckney 10y ago
This seems to resemble more a problem of agency law. The recruiter was an agent of the government. Is the government liable for their agent's statements to potential soldiers?
>[Considering a swimming pool salesman...] Envision a situation in which a third party questioned the agent about the expected life of a chlorinator. Suppose the agent told the third party that the chlorinator's expected life was twenty years when it was actually only five years. Suppose further that the agent made this representation knowingly and with the intent to induce the thirty party to buy the equipment, and that the third party did buy this equipment in reasonable reliance on the agent's misrepresentation.
> Even assuming the manufacturer did not authorize the agent's misrepresentation, and in fact told him always to be truthful with potential customers, the manufacturer would be liable if the third party brought a common law fraud action against him. The court would determine liability under an authority analysis, applying the general rule that an innocent principle is liable for an agent's misrepresentations if the misrepresentations fall within the general class of statements that the principal apparently authorized the agent to make.
http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=2114&context=wmlr http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=21...