Difference between revisions of "Utah Negligent Misrepresentation"
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(Created page with "Elements of negligent misrepresentation: # defendant represented to plaintiff that a material fact was true; # defendant’s representation of fact was not true; # defendant...") |
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− | West v. Inter-Financial, Inc., 139 P.3d 1059, Court of Appeals (Utah 2006). | + | [https://scholar.google.com/scholar_case?q=139+P.3d+1059&hl=en&as_sdt=4,45&case=11145985361932128126&scilh=0 West v. Inter-Financial, Inc., 139 P.3d 1059, Court of Appeals (Utah 2006)]. |
− | Smith v. Frandsen, 94 P.3rd 919, (Utah | + | [https://scholar.google.com/scholar_case?q=Smith+v.+Frandsen&hl=en&as_sdt=4,45&case=2760013901666743618&scilh=0 Smith v. Frandsen, 2004 UT 55, 94 P.3rd 919, (Utah 2004)]. |
Price v Orem Investment Company v. Rollins, Brown & Gunnel, Inc., 713 P.2d 55 (Utah Sup. Ct. 1986). | Price v Orem Investment Company v. Rollins, Brown & Gunnel, Inc., 713 P.2d 55 (Utah Sup. Ct. 1986). |
Revision as of 05:31, 20 January 2015
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.
References:
West v. Inter-Financial, Inc., 139 P.3d 1059, Court of Appeals (Utah 2006).
Smith v. Frandsen, 2004 UT 55, 94 P.3rd 919, (Utah 2004).
Price v Orem Investment Company v. Rollins, Brown & Gunnel, Inc., 713 P.2d 55 (Utah Sup. Ct. 1986).
Jardine v. Brunswick Corporation, 423 P.2d 659 (Utah Sup. Ct. 1967).
Restatement 2d Torts, Section 552.