Case $16$

Respond to the following case using the IRAC format as described in the IRAC Handout. The document should be typed in a Word document $($or rich text format$)$ and uploaded to the Assignments page of the course as described in the syllabus.

Cleveland Chiropractic College $($CCC$)$ promised prospective students that CCC would provide clinical training and experience$-$ a critical part of a chiropractic education and a requirement for graduation and obtaining a license to practice. Specifically, CCC expressly promised that it would provide an ample variety of patients. CCC knew, however, that it did not have the ability to provide sufficient patients, as cvidenced by its report to the council on Chiropractic Education, an accreditation body through which chiropractic colleges monitor and certify themselves. In that report, CCC said that patient recruitment was the "joint responsibility" of the college and the student. During the $1990$ s$,$ most of the "patients" that students saw were healthy persons whom the students recruited to be stand$-$in patients. Afier graduating and obtaining licenses to practice, Michael Troknya and nineteen others filed a suit in a federal district court against CCC$,$ alleging among other things, negligent misrepresentation. What are the elements of this cause of action? Are they satisfied in this case? Why or why not? $[$Trolinya $v$ Cleveland Chiropractic Clinic, $280$ F$\mathrm{.}3$d $1200(8{?}^{ht}$Cir $2002)]$