[WSBARP] Affirmative Defenses to Fraud and/or Negligent Misrepresentation

[Rick Hoss]

Hi Cat.

In neg misrep, the plaintiff must prove justifiable reliance. If a party to
a contract is negligent to ascertain the truth of the other party's
representations, that party's own negligence is a complete defense to the
claim. See Condor Enterprises v. Boise Cascade, 71 Wash.App. 48, 53 (1993).

Restatement (Second) of Torts, Sec. 552A;  ESCA Corp v. KPGM Peat Marwick,
135 Wash.2d 820, 826 (1998).

Rick

 

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Catherine Clark
Sent: Wednesday, October 09, 2019 1:09 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Affirmative Defenses to Fraud and/or Negligent
Misrepresentation

 

Has anyone faced an "assumption of the risk" and "contributory negligence
and/or comparative fault" affirmative defense when claiming fraud/negligent
misrepresentation around a real estate transaction?

 

While I've been at this game "a while," I haven't seen that before.  Perhaps
one of you has.  Your thoughts appreciated.

 

Thanks.

 

Catherine "Cat" Clark

Law Office of Catherine C. Clark PLLC

2200 Sixth Avenue, Suite 1250

Seattle, WA 98121

Phone:  (206) 838-2528

Cell:  (206) 409-8938

Fax: (206) 374-3003

Email:  cat at loccc.com <mailto:cat at loccc.com> 

 

NOTICE: The information contained in this electronic information
transmission is confidential. If you are not the intended recipient, or the
employee or agent responsible for delivering it to the intended recipient,
you are hereby notified that any use, dissemination, distribution or copying
of this communication is prohibited.  If you received this communication in
error, please immediately notify the sender by telephone at (206) 838-2528.
Thank you.

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20191010/79a42cef/attachment.html>