What Exactly Is Misrepresentation: Part 2

Gavel

In my last post, I discussed misrepresentation, and the different ways it is present in other tortious behavior.  Today I will discuss who a defendant is responsible to and also the required state of mind.

A) Under traditional common law, a defendant was liable only to those persons whom he or she intended only to those persons he or she intended to influence by the misrepresentation.  A debtor, for example, who misrepresented his credit record to a creditor and then failed to make payments was not liable to a party who bought the debtor’s note from the creditor.  However, in recent time, this requirement has been relaxed.  Presently, a plaintiff may recover if he or she is part of the class whom the defendant expected to rely on the misrepresentation.  In other words, if the defendant intended to mislead that person, the defendant will be responsible.  Here is one…

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