Does a contractual relationship or fiduciary relationship need to be established before liability for negligent misrepresentation can be found?

California, United States of America


The following excerpt is from Lacher v. Superior Court, 230 Cal.App.3d 1038, 281 Cal.Rptr. 640 (Cal. App. 1991):

A contractual or fiduciary relationship is also not required before liability for negligent misrepresentation may be found. (Garcia v. Superior Court, supra, 50 Cal.3d at pp. 734-735, 268 Cal.Rptr. 779, 789 P.2d 960.) A duty of care has been found in a variety of less restrictive settings.

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