Differences Between Negligent and Fraudulent Misrepresentation | Practical Law

Differences Between Negligent and Fraudulent Misrepresentation | Practical Law

A Practice Note explaining the key substantive and procedural differences between claims for negligent and fraudulent misrepresentation under the state law. This Note generally contrasts the scienter element of a common law fraud claim with the negligence element of a negligent misrepresentation claim. It also explains the differences in the pleading standards and burdens of proof for claims of common law fraud and negligent misrepresentation.

Differences Between Negligent and Fraudulent Misrepresentation

Practical Law Practice Note w-037-4473 (Approx. 14 pages)

Differences Between Negligent and Fraudulent Misrepresentation

by Practical Law Commercial Litigation
MaintainedUSA (National/Federal)
A Practice Note explaining the key substantive and procedural differences between claims for negligent and fraudulent misrepresentation under the state law. This Note generally contrasts the scienter element of a common law fraud claim with the negligence element of a negligent misrepresentation claim. It also explains the differences in the pleading standards and burdens of proof for claims of common law fraud and negligent misrepresentation.