What is the key element of negligent misrepresentation?

Prepare for the Ontario Barrister Civil Practice Exam. Engage with flashcards and multiple-choice questions, each enhanced with hints and explanations. Ace your exam!

The key element of negligent misrepresentation involves providing information that the person believes to be true, which subsequently leads someone else to suffer harm as a result of relying on that information. This aspect emphasizes that the person providing the information did not intentionally deceive, but rather made an error in judgment or fact that they thought was correct.

In a legal context, the essential components of negligent misrepresentation include the existence of a duty of care while giving information, a breach of that duty (where the information turns out to be incorrect), and damage suffered by the party relying on that information. The reliance must be reasonable; if the information provided is confirmed to be false and reliance on that information results in harm, the provider of the information may be held liable.

The other options describe different scenarios or elements that are not accurate in the context of negligent misrepresentation. Providing false information intentionally characterizes fraud rather than negligence. Failure to disclose information during negotiations generally relates to nondisclosure or misrepresentation in contract law, while guaranteeing the truth of a statement could imply a warranty, which is not related to the negligence aspect of misrepresentation.

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