Misrepresentation

Question 1

Prima facie case of intentional misrepresentation? (6)

Answer 1

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)

Question 2

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

Answer 2

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.

Question 3

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

Answer 3

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

Question 4

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

Answer 4

He has superior knowledge on the subject matter.

Question 5

Prima facie case for negligent misrepresentation? (5)

Answer 5

Misrepresentation by a D in his business or professional capacity

Breach of duty toward a particular P

Causation

Justifiable reliance

Damages

Question 6

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

Answer 6

Commercial.

Question 7

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

Answer 7

Contemplated (i.e., foreseeable).

Question 8

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

Answer 8

Doesn’t