What are the requirements for a successful negligent misrepresentation claim?

British Columbia, Canada


The following excerpt is from Krafta v. F.L.E.X. Excavating Ltd., 2014 BCSC 99 (CanLII):

The five general requirements for a successful claim in negligent misrepresentation are: (1) there must be a duty of care based on a “special relationship” between the representor and the representee; (2) the representation in question must be untrue, inaccurate, or misleading; (3) the representor must have acted negligently in making said misrepresentation; (4) the representee must have relied, in a reasonable manner, on said negligent misrepresentation; and (5) the reliance must have been detrimental to the representee in the sense that damages resulted. See Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at 110.

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