Does negligent misrepresentation constitute fraud or deceit?

6 "It is not clear whether the court [in Holt v. Kolker (1948) 189 Md. 636, 57 A.2d 287] is considering negligent misrepresentation as part of the law of negligence or under the heading of fraud and deceit, as in one breath it speaks of lack of duty owing the plaintiff by the defendant and in the next it discusses justifiable reliance in language sounding in an action for fraud and deceit.... This is not startling in light of the diversity of opinion among writers and the courts as to both the extent and theory of liability for negligent misrepresentations which result in injury to person or property." (Note (1948) 22 So.Cal.L.Rev. 77, 78.)

7 Negligent misrepresentation "is a form of deceit without ... the element of scienter." (Yanase v. Automobile Club of So. Cal. (1989) 212 Cal.App.3d 468, 473, 260 Cal.Rptr. 513.)