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3.16-1  Negligent Misrepresentation

Revised to January 1, 2008

The plaintiff claims that the defendant made a negligent misrepresentation that <insert alleged misrepresentation>.  First, the plaintiff must prove that the defendant supplied false information.  Second, the plaintiff must prove that the defendant failed to exercise reasonable care in obtaining or communicating the information.  Third, the plaintiff must prove that the defendant supplied the information to induce the plaintiff to act on it.  Fourth, the plaintiff must prove that the plaintiff justifiably relied on the information to (his/her/its) injury.

Authority

Glazer v. Dress Barn, Inc., 274 Conn. 33, 72-73 (2005); Daley v. Aetna Life & Casualty Co., 249 Conn. 766, 791-94 (1999); D'Ulisse-Cupo v. Board of Directors of Notre Dame High School, 202 Conn. 206, 217-219 (1987), citing 3 Restatement (Second) Torts § 552 (1979).

Notes

If the alleged misrepresentation is based on an omission to state a material fact when the defendant has a duty to speak, the instruction needs to be revised.
 


 

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