Misrepresentation

Question 1

Intentional Misrepresentation (Fraud) MSICJD

Answer 1

To recover for intentional misrepresentation, P must prove:

1. Misrepresentation of a material fact (silence not enough)
2. Scienter
3. Intent to induce P to act in reliance upon the misrep.
4. Causation (P must have actually relied on the stmt)
5. Justifiable reliance (P;s reliance must be reasonable); and
6. Damages (actual pecuniary loss)

Question 2

Negligent Misrepresentation MBCJD

Answer 2

To recover for negligent misrepresentation, P must prove:

1. Misrepresentation by D in a business or professional capacity;
2. Breach of duty toward a particular P
3. Causation
4. Justifiable reliance; and
5. Damages

Question 3

Scienter

Answer 3

D knew or should have known it was false or that there was no basis for the statement.