Misrepresentation

Question 1

Prima facie case of intentional misrepresentation

Answer 1

1) Misrepresentation of a material fact. Silence is not generally enough one must make affirmative misrepresentation.
2) scienter , when defendant made the statement, she knew or believed it was false or that there would be no basis for the statement;
3) intent to induce plaintiff to act or refrain from acting in reliance upon the misrepresentation;
4) Causation (actual reliance);
5) justifiable reliance;
6) damages

Question 2

Prima facie case for negligent misrepresentation

Answer 2

1) misrepresentation by defendant in a business or professional capacity
2) Breach of duty toward a particular plaintiff
3) causation
4) justifiable reliance
5) damages