[WSBARP] Affirmative Defenses to Fraud and/or Negligent Misrepresentation
Rick Hoss
rhoss at hctc.com
Thu Oct 10 09:32:08 PDT 2019
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>
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Thank you.
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