Careless statements causing economic loss, and the narrow class of people who can sue on them.
Esshaki Legal Media TeamCurrent as of February 2025
Negligent misrepresentation permits recovery for economic loss caused by
information supplied without reasonable care, in a business capacity, to a
limited group.
The core limitation is the class of claimants. Liability generally extends
to the person for whose benefit and guidance the information was supplied, and
to a limited group the supplier knows will receive it — not to everyone who
foreseeably relies. This is what keeps accountants and appraisers from owing
duties to the world.
Supplied in the course of business. Casual statements are not covered.
Pecuniary interest. The supplier must have a pecuniary interest in the
transaction, which is satisfied by being paid for the work.
Justifiable reliance and causation are required as in fraud, without the
element of knowledge or intent.
Where it arises. Financial statements and audit opinions; appraisals;
environmental and engineering reports; title abstracts; and representations made
during due diligence by parties who were not careless enough to be fraudulent.
Disclaimers and reliance letters. Professionals limit exposure through
engagement letters restricting use and through express reliance letters
identifying who may rely. A party intending to rely on a report commissioned by
someone else should obtain such a letter; without one, standing is the first
defense raised.
Economic loss doctrine bars the claim in some states where a contract
governs.