Beruflich Dokumente
Kultur Dokumente
SOCIETY
11th
Edition
McGraw-Hill
2015 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not
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Learning Objectives
15-2
15-3
15-5
Fraud
misrepresentation
Injury resulted
Involves false conduct and false expression
15-6
Innocent Misinterpretation
Variation of fraud
Falsehood is unintentional
Wrongdoer believes the conduct in
question to be true
Wronged party may secure rescission of
the contract but damages are not awarded
15-7
Case: Fraud
Case
Tietsworth v. Harley-Davidson
677 N.W.2d 233 (Wis. S.Ct. 2004)
Court of appeals
Issue
Plaintiff alleged that the cam bearing
Unconscionable Contracts
Procedural unconscionability
Bargaining power of parties was unequal
Substantive unconscionability
One-sided, oppressive or unfair contract
15-9
State Laws
15-10
Case
Paul Sipe v. Workhorse Custom Chassis
572 F.3d 525 (8th Cir. 2009)
District court
Issue
Sipe filed suit against the defendant
15-11
Consumer Financial
Protection Bureau (CFPB)
15-12
Adjudication
FTC investigates suspect trade practices
15-13
reasonable consumer
Claim is material to consumers decision
making
15-15
childrens products
15-18
15-19
Credit Regulations
terms
15-20
Case
Barrer v. Chase Bank USA
566 F.3d 883 (9th Cir. 2009)
Issue
Does a credit card company violate TILA
15-21
protections
15-24
15-25
15-26
Case
Lucas Rosa v. Park West Bank & Trust Co.
214 F.3d 213 (1st Cir. 2000)
District court
Issue
Rosa sued the bank alleging that he was
Debtor Protection
FDCPA forbids:
Use of obscene language
Contact with third parties
Use of or threats to use physical force
15-28
Debtor Protection
Contact with the debtor during
inconvenient hours
Repeated phone calls with the intent to
harass
Contacting the debtor in an unfair,
abusive, or deceptive manner
15-29
Case
Williams v. OSI Educational Services
505 F.3d 675 (7th Cir. 2007)
District court
Issue
Williams sought relief under FDCPA
Bankruptcy
bankruptcy legislation
15-31
Liquidation (Chapter 7)
15-32
15-33
15-34