Misrepresentation, Negligent
1Elements and Case Citations
“The elements of a cause of action for negligent misrepresentation are:
‘1. The defendant must have made a representation as to a past or existing material fact.
2. The representation must have been untrue;
3. Regardless of his actual belief the defendant must have made the representation without any reasonable ground for believing it to be true;
4. The representation must have been made with the intent to induce plaintiff to rely upon it;
5. The plaintiff must have been unaware of the falsity of the representation; he must have acted in reliance upon the truth of the representation and he must have been justified in relying upon the representation;
6. And, finally, as a result of his reliance upon the truth of the representation, the plaintiff must have sustained damage.’”
Subscribers To The California Litigation Guide Can See:
- The rest of the elements for this cause of action;
- The citations to the most recent state and federal court cases citing the cause of action;
- The statute of limitations; and
- The defenses to this cause of action.
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