Utah Negligent Misrepresentation

Elements of negligent misrepresentation:

1. defendant represented to plaintiff that a material fact was true;
2. defendant’s representation of fact was not true;
3. defendant failed to use reasonable care to determine whether the representation was true;
4. defendant was in a better position than plaintiff to know the true facts;
5. defendant had a financial interest in the transaction;
6. plaintiff relied on the representation and it was reasonable for him to do so; and
7. 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.