When people think of misrepresentation, they often think of fraudulent misrepresentation. However, there are two kinds of misrepresentation that are possible: fraudulent and negligent. Fraudulent misrepresentation is an intentional tort that involves making a false statement of fact to lure someone into signing a contract. Since negligent misrepresentation is based on negligence and not fraud, not all of the same defenses can be used for both kinds of misrepresentation.
This type of negligence involves making a false statement of during a course of employment or business dealing to induce another party into making a contract. The person is considered careless because they make the statement without knowing if it is true or false.
For example, a salesman claims a cell phone that they are trying to sell has specific features without knowing if it does or not. He would be liable for committing negligent misrepresentation if the plaintiff was harmed by the misleading fact.
A defendant can use these general defenses to a negligent misrepresentation claim:
Yes, as negligent misrepresentation is a very serious claim that can have a lasting impact on your professional reputation. If you are being sued for misrepresentation, talk to a business lawyer about the defenses available to you.
Last Modified: 11-24-2015 06:32 PM PSTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.