Misrepresentation

Question 1

Intentional Misrepresentation: Elements

Answer 1

(1) False representation of a material fact;
(2) Scienter (knowledge or reckless disregard of truth);
(3) Intent to induce;
(4) Causation;
(5) Justifiable reliance; and
(6) Damages

Question 2

Negligent Misrepresentation: Elements

Answer 2

(1) D provides false info to P;
(2) False info result of D’s negligence;
(3) During the course of business/profession;
(4) P justifiably relies; and
(5) P incurs pecuniary damages