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Applies when a product that has harmed a consumer cannot be
traced to a single manufacturer. They are liable unless they can
prove they could not have made the product involved. -
Answer: Market Share Liability
The defendant must make the representation with the intent to
influence the other party's action. If the defendant did not
intend to deceive, there is no proof of fraud. - Answer: A
Defense to Fraud
Under the community property concept two types of property
can belong to a spouse - separate property as well as
community property. Separate property is the respective
spouse's sole property and it is free from the other spouse's
interest or control. - Answer: Community Property
, The parole evidence rule provides that oral evidence of
agreements preceding or accompanying a written insurance
policy cannot be used to prove a waiver. Thus, the agent's oral
statements made at this time would not be admitted into
evidence and thus would be ineffective as a waiver.
A provision that prevents the terms of a contract from being
modified by evidence of oral or other agreements after the
contract has been written. - Answer: Parole Evidence Rule
(PER)
The statement was not false
The statement did not relate to a material fact
The defendant did not know the statement was false
The defendant did not intend to deceive
The plaintiff did not rely on the statements