For each definition (or portion of a definition) in the first column, select the term that most closely applies. Each term may be used only once or not at all. Misrepresentation by a person of a material fact, known by that person to be untrue or made with reckless indifference as " |to whether the fact is true, with intent to deceive and with the result that another party is injured. b. |Failure of one or both parties to a contract to perform in accordance with the contract's provisions. Breach of contract Common law Damage to another is directly attributable to a wrongdoer's act. This issue may be raised as a defense in litigationthat 15, . the defense may argue that some other factor caused the loss. Constructive fraud Defendant A method of allocating damages to each group that is liable according to that group's pro-rata share of any damages d |recovered by the plaintiff For example, if the plaintiff was awarded a total of $500 thousand and the CPAs were found to bear 30 percent of the responsibility for the damages, the CPAs would be assessed $150 thousand. e |Afederal securities statute covering registration statements for securities to be sold to the public Breach of contract Common law Constructive fraud Defendant