How to Prove Negligent Misrepresentation?
To Prove Negligent Misrepresentation, a Plaintiff Must Demonstrate the Following Elements: the Defendant Made a Representation in a Contract; the...
To prove negligent misrepresentation, a plaintiff must demonstrate the following elements:
- The defendant made a representation in a contract;
- The representation was false;
- The representation was made either carelessly, or without reasonable grounds to believe it was true;
What constitutes negligent misrepresentation?
Unlike a fraudulent misrepresentation, which requires that the person making the representation know it is false or incorrect and intend to deceive or mislead, a negligent misrepresentation merely requires that one fail to exercise reasonable care or competence to obtain or communicate information that is true or ...
How do you establish negligent misrepresentation?
Negligent misrepresentation
If the innocent party can prove the statement was in fact false, it will be for the maker of the statement to establish that it reasonably believed in the truth of the statement (that is, the representation).