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

Study Case (Misrepresentation) - Essay Example At that time, Najbar initially charged a claim for recompense with the Postal Service but 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. But Najbar on these government argument alleged that she suffered psychological damages when she received letter with â€Å"deceased† stamp which by some manner tell her that,† Your son has died.† This type of wrong information that a person who is alive and saying that person was dead makes misrepresentation and according to Najbar the government fall under  § 2680(h). She raises 2 arguments; firstly she said her argument is grounded on "actionable negligence [that] occurred at an operational level before the envelope was stamped DECEASED.† Secondly she claims that if the argument raised by her comes under any type of misrepresentation then that misrepresentation doesn’t 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 breach of a different duty.† Despite that such principle doesn’t help the claim of Najbar as her activities based forthrightly on "the Governments failure to use due care in c ommunicating information." In addition to this Najbar raised further argument related to the misrepresentation