Utah Negligent Misrepresentation
Elements of negligent misrepresentation:
- defendant represented to plaintiff that a material fact was true;
- defendant’s representation of fact was not true;
- defendant failed to use reasonable care to determine whether the representation was true;
- defendant was in a better position than plaintiff to know the true facts;
- defendant had a financial interest in the transaction;
- plaintiff relied on the representation and it was reasonable for him to do so; and
- plaintiff suffered damage as a result of relying on the representation.
Restatement 2d Torts, Section 552.