Can you sue for innocent misrepresentation?

Under contracts law, innocent misrepresentation can serve as a valid cause of action. Thus, even if the defendant did not intend to make a misrepresentation, they may still be held liable for the plaintiff’s losses under the innocent misrepresentation theory.

What happens if you sue a Union for misrepresentation?

Assuming the union doesn’t immediately offer you a settlement, they will likely file a motion to dismiss, which will eventually lead to an official hearing of evidence in the courts.

Can a speculator be sued for a misrepresentation?

If someone buys the land relying on the speculator’s statement that it is commercially valuable, the buyer may sue the speculator for monetary losses resulting from the purchase. To create liability for the maker of the statement, a misrepresentation must be relied on by the listener or reader.

What happens in a case of negligent misrepresentation?

Conversely, the defendant may try to show that his misrepresentation was innocent. Negligent misrepresentation is simply the default category. Remedy: The misled party may rescind and claim damages under s.2 (1) for any losses.

Can a misrepresentation claim be made under the MA?

Where the parties have entered into a contract, a claim for negligent misrepresentation under section 2 (1) of the MA is available (in addition to any possible breach of contract claim) where the misrepresentation was made carelessly or without the representor having reasonable grounds for believing its truth.

Can a personal representative Sue the wrong person?

Neither is acceptable. If the Personal Representative has paid the inheritance to the wrong person, the remedy is file a lawsuit for Breach Of Fiduciary Duty, and to include within that an action against the person who improperly received the inheritance, such as a Petition to Return Assets.

Can a person be sued for fraudulent misrepresentation?

If several persons made fraudulent statements to the plaintiff, or if they assisted in creating the false misrepresentation, then it is possible that they can also be named in the legal claim and sued for remedies and damages. Find My Lawyer Now! What are the Defenses for Fraudulent Misrepresentation?

Can a personal representative be liable for damage?

A personal representative’s fiduciary duty is the same as the fiduciary duty of a trustee of an express trust, and a personal representative is liable to interested persons for damage or loss resulting from the breach of this duty.

Can a misrepresentation be brought in civil court?

Misrepresentation are civil offenses, meaning they are only causes of action that can be brought in civil court. The general remedy in civil court for all types of misrepresentations is rescission.