What is the test for the tort of negligent misrepresentation in a contract?

Manitoba, Canada


The following excerpt is from Grant v. Oracle Corp. Canada Inc., 1993 CanLII 15035 (MB QB):

Quoting from p. 88 of Queen v. Cog- nos Inc.: "Per Sopinka and Iacobucci, JJ.: The tort of negligent misrepresentation is an es tablished principle of Canadian tort law. There are five general requirements for a successful claim: (1) there must be a duty of care based on a 'special relationship' between the representor and the representee; (2) the representation in ques tion must be untrue, inaccurate or mislead ing; (3) the representor must have acted negligently in making the misrepresenta tion; (4) the representee must have relied, in a reasonable manner, on the negligent misrepresentation; and (5) the reliance must have been detrimental to the representee in the sense that damages resulted." Claim in Contract - Constructive Dis missal

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