Section 1.10 Chapter 8—Intentional and Negligent Misrepresentation

• Library: Tort Law 2016

H. (§1.10) Chapter 8—Intentional and Negligent Misrepresentation

Chapter 8 addresses the tort of misrepresentation, intentional and negligent. While the elements of intentional misrepre- sentation or fraud are generally well known, the authors note that, unlike other intentional torts, damage is an essential element of a claim for fraud. Nominal damages are not available. It should also be borne in mind that fraud may be used as an equitable remedy to set aside or rescind a contract.

The authors note that...