Fraudulent misrepresentation (Deceit) elements:

• A. It requires intent to deceive and can be actionable in tort and contract law.
• B. It requires only negligence, not intent.
• C. It cannot be used in private law.
• D. It requires expert testimony.

Answer: (A)

Fraudulent misrepresentation tests the presence of deceit, not just a false statement. A false statement of a material fact is made with knowledge that it’s false or with reckless disregard for the truth, and the speaker intends for the other party to rely on it. Because the seller or maker acts with that intent and the other party actually relies on the statement, the harmed party can pursue a claim in tort for damages or in contract if the misrepresentation induced entering the contract. This distinguishes deceit from mere negligence, where there’s no deliberate intent to mislead. It also confirms that private law avenues like tort and contract are appropriate for fraudulent misrepresentation, not some exclusion from private law. And expert testimony isn’t a mandatory requirement for proving deceit; it can often be shown through ordinary evidence of the false statement, the knowledge or reckless disregard behind it, and the resulting reliance and damages.