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STANDARD OF PROOF Usually, negligent misrepresentation must be proved by a preponderance of the evidence, as with other negligence-based claims. Court Opinions.
Negligent misrepresentation occurs when a statement is not true and is made without any reasonable belief in its truth. The party imparting the information will either have done so: In a careless manner; or. Having no reasonable grounds on which to believe that the statement is true.
Article 3 - Fraud. § 23-2-52. Misrepresentation as Legal Fraud. Misrepresentation of a material fact, made willfully to deceive or recklessly without knowledge and acted on by the opposite party or made innocently and mistakenly and acted on by the opposite party, constitutes legal fraud.
[9] The motion judge also identified the correct legal test for negligent misrepresentation, which requires a plaintiff to show that (1) there is a ?special relationship? between the person making the statement and the person hearing it; (2) it is reasonable for the person hearing the statement to rely on it; (3) the ...
Negligent misrepresentation occurs when someone makes a statement without regard to the true facts. For instance, if you tell a person that a stereo system is brand new when it is four-years-old and has been used heavily, then this can be considered negligent misrepresentation.
You can still face a real estate lawsuit for innocent misrepresentation ? as well as negligent misrepresentation. Examples of negligent or innocent misrepresentation include providing inaccurate square footage ? by using information populated by MLS or in some cases not verifying information from the seller.
Contract damages - if the statement is decided to have been a term of the contract, the person claiming misrepresentation may also have the right to claim damages for the loss suffered by what is effectively a breach of contract.
Such contracts are agreements to pay money upon the occurrence of a specified event. Mental distress damages do not flow from the breach of such contracts. They are not ?personal.?