Misrepresentation Flashcards
(4 cards)
1
Q
Intentional Misrepresentation elements
A
(1) Misrepresentation made by D
(2) Scienter = malice
(3) An intent to induce plaintiff’s reliance on the misreprentation
(4) Causation (i.e. P actually relied)
(5) Justifiable reliance - no duty to investigate
(6) Damages - actual pecuinary loss
2
Q
About Misrepresentation
A
- Must be a material past or present fact, not opinion, unless given by an expert, than opinion can count.
- Silence is NOT enough, must affirmatively misspeak.
3
Q
Defenses
A
There are NO defenses to this tort
4
Q
Negligent Misrepresentation
A
Negligence replaces scienter AND can only be used in a commercial setting, i.e. car dealer, other business. -*** Plaintiff reliance must be contemplated.
