What are the elements of a misrepresentation claim?
Alberta, Canada
The following excerpt is from Strand v. Emerging Equities Inc., 2007 ABQB 24 (CanLII):
The elements: i. A duty of care based on a ‘special relationship’ between the representor and the representee; ii. An untrue, inaccurate or misleading representation; iii. The representor must have acted negligently in making the representation; iv. The representee must have relied, in a reasonable manner, on the negligent misrepresentation; and v. The reliance must have been detrimental to the representee resulting in damages. A duty of care based on a ‘special relationship’ between the representor and the representee
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