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For a misrepresentation to be actionable, it has to fulfil three requirements: - there must be an untrue statement; - it must be a statement of fact, not mere opinion; - and it must have induced the innocent party to enter the contract.
To prove fraudulent misrepresentation has occurred, six conditions must be met:A representation was made.The claim was false.The claim was known to be false.The plaintiff relied on the information.Made with the intention of influencing the plaintiff.The plaintiff suffered a material loss.
There are three types of misrepresentationsinnocent misrepresentation, negligent misrepresentation, and fraudulent misrepresentationall of which have varying remedies.
(1) The defendant made a false representation of a past or existing material fact susceptible of knowledge. (2) The defendant did so knowing the representation was false, or without knowing whether it was true or false. (3) The defendant intended to induce the plaintiff to act in reliance on that representation.