What is the test for a claim of negligent misrepresentation?
Alberta, Canada
The following excerpt is from Practicar Systems Inc. v. 696373 Alberta Ltd., 2007 ABQB 143 (CanLII):
As set out in Queen v. Cognos, 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87, to succeed with respect to a claim of negligent misrepresentation, the Defendant must prove that: - there was a duty of care based on a special relationship between the representor and representee; - a representation was made which was untrue, inaccurate or misleading; - the representor acted negligently in making the representation; - the representee relied, in a reasonable manner, on the misrepresentation; - the reliance was detrimental, in that damages resulted.
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