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.