Brandywine Volkswagen, Ltd. v. State, Department of Community Affairs & Economic Development

DUFFY, Justice:

This is an appeal from a judgment of the Superior Court which reversed a ruling of the State Consumer Affairs Board. In re Brandywine Volkswagen, Ltd., Del.Super., 306 A.2d 24 (1973).

I

The question on appeal is whether intent must be established in order to find “fraud” or “misrepresentation” under the provisions of 6 Del.C. § 2513, which states in part:

“ § 2513. Unlawful practice(a) The act, use or employment by any person of any deception, fraud, false pretense, false promise, misrepresentation, or the concealment, suppression, or omission of any material fact with intent that…