What are the elements of a cause of action for intentional misrepresentation and negligent misrepresentation?

California, United States of America


The following excerpt is from Finnigan v. Cle of Monterey, LLC, H042124 (Cal. App. 2016):

Both the cause of action for intentional misrepresentation and negligent misrepresentation have a causation element. The elements of a cause of action for intentional misrepresentation are "(1) a misrepresentation, (2) knowledge of falsity, (3) intent to induce reliance, (4) actual and justifiable reliance, and (5) resulting damage. [Citations.]" (Chapman v. Skype Inc. (2013) 220 Cal.App.4th 217, 230-231.) The elements of a cause of action for negligent misrepresentation are the same, "except that it does not require knowledge of falsity but instead requires a misrepresentation of fact by a person who has no reasonable grounds for believing it to be true. [Citations.]" (Id. at p. 231.)

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