Question
PROVING NEGLIGENT MISREPRESENTATION In my assignment i am to prove that a financial advisor giving financial advice at a party to a friend about where
PROVING NEGLIGENT MISREPRESENTATION
In my assignment i am to prove that a financial advisor giving financial advice at a party to a friend about where to invest there money was negligent misrepresentation.
My assignment is needing to be written in IRAC form, my question is what are the elements that need to be proven in negligent misrepresentation as it says in my book that i need to prove the elements of negligence as well as the special rules for negligent misrepresentation.
- It must be proved that the party who was seeking the information or advice was trusting the other person to take reasonable care.
- It was reasonable for them to do so (reliance was reasonable)
- The other party gave info/advice knowing (or should have known) that the inquirer was relying on them
is this all i need to proove a duty of care existed in negligent misstatement? or do i need to prove foreseeability ? or anything else ? because my book says :
It's not enough simply to show that a person in the position of the defendant should have reasonably foreseen that if they didn't take care in their statement, they could cause economic harm to somebody in the plaintiff's situation.
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