Misrepresentation

Question 1

intentional misrepresentation

Answer 1

1. misrepresentation of a material past or present fact
2. scienter - defendant knew statement was false
3. intent to induce p to act or refrain from acting in reliance on the misrepresentation
4. causation - actual reliance
5. justifiable reliance
6. damages - plaintiff must suffer actual pecuniary loss

Question 2

defenses

Answer 2

none

Question 3

negligent misrepresenation

Answer 3

misrepresentation
breach of duty
causation
justifiable reliance
damages
confined to a commercial setting