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Flashcards in Misrepresentation Deck (8)
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Prima facie case of intentional misrepresentation? (6)

Misrepresentation of material past or present fact

That D knew or believed to be false or w/o adequate basis

That D intended to induce P to act or refrain from acting in reliance upon the misrepresentation

Causation (actual reliance)

Justifiable reliance

Damages (actual pecuniary loss)


There is no general duty to disclose a material fact UNLESS . . . (3)

D stands in a fiduciary relationship with P

D is selling real property and knows that P is unaware of and cannot reasonably discover material info about the transaction; and

D has spoken and her utterance deceives the P.


If a third party relies on D's misrepresentation, D will be liable only if . . .

She could reasonably foresee that the third party would so rely.


Reliance on OPINION is justifiable only if what is true of the D?

He has superior knowledge on the subject matter.


Prima facie case for negligent misrepresentation? (5)

Misrepresentation by a D in his business or professional capacity

Breach of duty toward a particular P


Justifiable reliance



Generally, an action for Neg. Misrep. is confined to misrepresentations made in a ____ setting.



Liability for Neg. Misrep. will only attach if reliance by the particular plaintiff could have been . . .

Contemplated (i.e., foreseeable).


Under Neg. Misrep., foreseeability that the statement will be communicated to a third party does/doesn't make D liable to that third party.