What is the test to prove negligent misrepresentation?
Saskatchewan, Canada
The following excerpt is from Schiltroth v. RDS Enterprises (Home-Alyze), 2010 SKPC 47 (CanLII):
To prove negligent misrepresentation, the evidence must establish that (1) there was a duty of care based upon a special relationship between the parties; (2) the representation made by the defendant was false, inaccurate or misleading; (3) the representation was made negligently; (4) the plaintiff must have reasonably relied on the representation; and (5) the reliance must have been detrimental to the plaintiff such that he suffered damages (Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is an auditor liable for negligence of omission or negligence of commission? (Saskatchewan, Canada)
What is the burden of proving negligence against a defendant in a motor vehicle accident case? (Saskatchewan, Canada)
How have the trustees been found to be negligent in negligence in a case involving an infant plaintiff? (Saskatchewan, Canada)
When will a solicitor be found liable for special costs for fraudulent misrepresentation? (Saskatchewan, Canada)
What are the elements of actionable negligence? (Saskatchewan, Canada)
Can a defendant at trial advance the defence of misrepresentation at trial? (Saskatchewan, Canada)
What is the standard of proof required for a learned trial judge to prove a claim of false imprisonment? (Saskatchewan, Canada)
In what circumstances will a plaintiff be liable for misrepresentation in a pcds? (Saskatchewan, Canada)
What is the onus on the prosecution to prove each ingredient of a drug beyond a reasonable doubt? (Saskatchewan, Canada)
Is it negligent to allow a domestic animal to be at large? (Saskatchewan, Canada)
