Thursday, May 16, 2019

Study Case (Misrepresentation) Essay Example | Topics and Well Written Essays - 500 words

Study Case (Misrepresentation) - seek ExampleAt that time, Najbar initially charged a drive for recompense with the Postal Service moreover her claim was initially denied by the Postal Service. Afterwards she brought this case against the federal government.Later on in this case, two exceptions were discussed i.e. The Postal-Matter Exception and The Misrepresentation Exception. The postal matter exception was rejected and court gets agreed on the second exception i.e. the misrepresentation exception.In the misrepresentation exception, the government argues straightforwardly that 28 U.S.C. 2680(h) neglects the claim of Najbar. simply Najbar on these government argument alleged that she suffered psychological damages when she received letter with deceased roll which by some manner tell her that, Your son has died.This type of wrong information that a psyche who is alive and saying that person was dead makes misrepresentation and according to Najbar the government fall under 268 0(h). She raises 2 arguments firstly she said her argument is grounded on actionable negligence that occurred at an operational level onward the envelope was stamped DECEASED. Secondly she claims that if the argument raised by her comes under any type of misrepresentation hence that misrepresentation doesnt fall under 2680(h). However, both of her claims were rejected by the Court. Though her first claim was right related misrepresentation exception that it does not bar negligence actions which focus not on the Governments failure to use due care in communicating information, but rather on the Governments founder of a different duty. Despite that such principle doesnt help the claim of Najbar as her activities establish forthrightly on the Governments failure to use due care in communicating information.In summing up to this Najbar raised further argument related to the misrepresentation

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.