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Misrepresentation Outline

Law Outlines > Torts II Outlines

This is an extract of our Misrepresentation document, which we sell as part of our Torts II Outlines collection written by the top tier of Thomas Jefferson School Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Torts II Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:



DEF = * Misrepresentation describes a situation where a misstatement causes intangible pecuniary loss


Misrepresentation Actions (Elements Needed) o Fraud
? False Misrepresentation
? Scienter

* Intentional

* Knowing, or

* Without belief in the truth, or

* Reckless
? Intended to Induce Reliance
? Justifiable Reliance
? Damages o Negligent Misrepresentation
? False Misrepresentation
? Negligence

* Negligent failure to determine truth when duty is owed to [?]

* Careless
? Intended to Induce Reliance
? Justifiable Reliance
? Damages o S/L??False Misrepresentation S/L

* Innocent (don't act carelessly or deliberately lie)

* Rare circumstances (minority) Intended to Induce Reliance Justifiable Reliance Damages


C/L Misrepresentation o No duty to disclose unapparent condition o Liability for
? Active concealment
? Partial truth
? False Impression


RST./Modern Misrepresentation

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