Question: The primary distinction between an action based on innocent misrepresentation and an action based on common law fraud is that, in the former, a party
The primary distinction between an action based on innocent misrepresentation and an action based on common law fraud is that, in the former, a party need not allege and prove:
Multiple Choice
that the party making the misrepresentation had actual or constructive knowledge that it was false.
the materiality of the misrepresentation.
that there has been a false representation.
reasonable reliance on the misrepresentation.
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