Just the Facts
The name of the Beatle who owned the guitar Batesmeier believed he was purchasing.
Who is John Lennon?
Appellate Standard of review that Court applies in reviewing trial court's grant of summary judgment.
What is de novo review?
A person may not justifiably rely on a misrepresentation if ____ indicate the reliance is not justified.
What are red flags?
TX Supreme Court has never defined this term.
What are red flags?
The rare-guitar researcher who concluded that the guitar was the allegedly missing Stratocaster
Party moving for summary judgment must show that ______________________________ and that it is entitled to judgment as a matter of law.
What is no genuine issue as to any material fact?
Ordinarily a fact issue for a jury to decide.
What is justifiable reliance?
TX Supreme Court decision recognizing that a relationship of trust and confidence may arise informally from purely personal relationships.
What is Thigpen v. Locke?
The shop where Eleanor Rigby formerly worked
What is Strawberry Lane?
What claim did Batesmeier raise in his complaint filed against Fusewood?
What is fraud in the inducement?
Honesty and integrity of the other party do not excuse a failure to exercise ______ __________.
What is reasonable diligence?
This case held that an oil and gas production company could not justifiably rely on representations that particular land was open to being leased when the company learned about several facts to call that representation into question.
What is JP Morgan Chase Bank, N.A. v. Orca Assets G.P., LLC?
The amount Batesmeier paid for the guitar at issue
What is $350,000
The Court's fundamental inquiry is whether ________________ could differ in their conclusions in light of all the evidence presented.
What are reasonable (and fair-minded) jurors?
In an arm's length transaction, the defrauded party must exercise __________ _________ for the protection of its own interests
What is ordinary care?
This Fifth Circuit case involved a "complicated question about whether credit-card debt is dischargeable in bankruptcy" and relied upon the Restatement (Second) of Torts to define justifiable reliance.
What is In re Mercer?
The name of the shop on the sticker on the headstock of the guitar
What is Grimwoods music shop?
Batesmeier is seeking this relief.
What is rescission of the contract and damages ($350,000 and punitive damages)?
A court must consider ___ and ____ to determine whether justifiable reliance has been negated as a matter of law.
What is (1) the contract and (2) the nature of the parties' relationship?
This case held that certain bond investors could not have justifiably relied on alleged misrepresentations as a matter of law when they learned before investing that the issuing company had lost its primary source of funding and was financially at risk.
What is Grant Thornton LLP v. Prospect High Income Fund?