A deeply entrenched principle in the law of fraud and
negligent misrepresentation provides that damages can be recovered only upon a showing of reliance.
Not exact matches
The information
provided in the application is true and correct as of the date set forth opposite my signature and that any intentional or
negligent misinformation of the information contained in the application may result in civil liability, including monetary damages, to any person who may suffer any loss due to the reliance upon any
misrepresentations that I have made on the application, and / or criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States Code, Sec 1001, et seg.
Arguably, if the sites
provided the information without making clear that it might not be current because records were expunged or corrected, there might be a claim for
negligent misrepresentation, false light, or even defamation, but I seriously doubt that even those claims would hold up.
Advising a hedge fund in relation to claims against various entities controlled by a major bank in relation to
misrepresentations and
negligent advice which they made /
provided in relation to a total return swap.
Having said this, the risks of defamation and
negligent misrepresentation are usually outweighed by the risks associated with refusing to
provide a letter of reference.
Two inherent risks that employers face in
providing post-employment letters of reference are (1) a former employer advancing a claim of defamation (where the employer
provided a negative reference), and (2) a subsequent employer advancing a claim of
negligent misrepresentation (where an inaccurate or incomplete reference was
provided).
The law
provides that a third party can bring
negligent misrepresentation allegations against professional individuals or entities that
provide false information due to lack of competence or failure to exercise proper care in preparing information that a third party is foreseeably reliant upon.
A third party can bring
negligent misrepresentation allegations against professional individuals or entities who
provide false information due to lack of competence or failure to exercise proper care in preparing information which is relied upon by a third party and such reliance is foreseeable to the professional.
To succeed in a
negligent misrepresentation action, the Buyer would need to show: the Agent
provided her with information; the information was false; the Agent did not exercise reasonable care in obtaining information
provided to the Buyer; and the Buyer justifiably relied upon this information to her detriment.