Ness V Cunningham Lyon Creek Lodge, Involved a Case Where the the Plaintiff

Multiple Choice

Ness v. Cunningham Lyon Creek Lodge, involved a case where the plaintiff learned over the internet of the defendant, a residential centre for therapy of eating disorders. What did the Court find?

A) The internet information and faxed materials contained insignificant misstatements of fact, but these statements did not induce Ness to enroll in the program, so the tort of deceit could not be established.
B) The internet information and faxed materials contained serious misstatements of fact. These statements were either made dishonestly or recklessly, to induce Ness to enroll in the program. The tort of deceit was established.
C) The internet information and faxed materials contained serious misstatements of fact. These statements were either made dishonestly or recklessly, to induce Ness to enroll in the program. The tort of deceit was established, but since the missrepresentation took place in another jurisdiction, Ness had no course of action against the defendant.
D) The internet information and faxed materials contained serious misstatements of fact. These statements induced Ness to enroll in the program, so the tort of defamation was established.
E) The internet information and faxed materials contained innocent misstatements of fact. The tort of deceit could not be established.