This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Arkansas Complaint For Negligence - Fraud and Deceptive Trade Practices in Sale of Insurance - Jury Trial Demand
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A representation was made. The representation was false. That when made, the defendant knew that the representation was false or that the defendant made the statement recklessly without knowledge of its truth. That the fraudulent misrepresentation was made with the intention that the plaintiff rely on it.
How to Prove Misrepresentation A representation was made. The representation was false. The defendant knew at the time that the representation was false, or recklessly made the statement without knowledge of its truth. The representation was made with the intention that the plaintiff would rely on it.
A person claiming negligent misrepresentation (the ?plaintiff?) must prove all of the following: the person being sued (the ?defendant?) either provided the plaintiff with false or incorrect information, or omitted or failed to disclose material information.
The Arkansas Deceptive Trade Practices Act (ADTPA)1 contains a catch-all provision providing a private right of action for all deceptive trade practices in any business. 2 The ADTPA defines some deceptive trade practices,3 while other substantive areas of law define different deceptive practices.
The significance of a negligent misrepresentation under a tortious claim is that the aggrieved party has the burden of first proving the duty of care, and then proving that this duty of care has been breached.
The elements of a claim for negligent misrepresentations consist of (a) a misrepresentation of a past or existing material fact, (b) without reasonable grounds for believing it to be true, (c) with intent to induce another's reliance on the fact misrepresented, (d) ignorance of the truth and justifiable reliance ...