What is the legal test for a judge to determine negligent misrepresentation?
British Columbia, Canada
The following excerpt is from Feldstein v. 364 Northern Development Corporation, 2017 BCCA 174 (CanLII):
The judge relied on Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87, as the guiding authority for her negligent misrepresentation analysis. She described the legal test as follows (at para. 65): 1) Is there a duty of care based on a “special relationship” between the representor and representee? 2) Is the representation in question inaccurate, untrue, or misleading? 3) Did the representor act negligently in making that representation? 4) Did the representee rely, in a reasonable manner, on that representation? 5) Did the representee incur damages as a result of that reliance?
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