The tort of misrepresentation provides a remedy for one acting in reliance on a false representation by another whose conduct in, rendering the representation, was “culpably careless,” but not “deliberately fraudulent”. Moreover, if a party to a transaction is under a duty to speak, non-disclosure or concealment may also constitute negligent misrepresentation. To recover damages for negligent misrepresentation, it must be shown that:1)the Defendant made a false misrepresentation of a present or past material fact:
2)the Defendant, owing the Plaintiff a duty of care, was negligent in making such false statements or representation;
3)the Defendant made the statement and/or representation intending that the Plaintiff would act in reliance on it;
4)the Defendant knew the Plaintiff probably rely on the statement and/or representation, which if false would cause injury or loss of the Plaintiff;
5)the Plaintiff relied on the statement and/or representation;
6)the Plaintiff’s reliance was justified; and
7)the Plaintiff suffered damages as a result of his reliance on the statement and/or negligent misrepresentation made by the Defendant
Thank you Barbara for leting us know about this news. The reason why this news is so big is because it provides a direction for future litigation. The above provides some background about the Tort of Misrepresentation. The "news" shows a big crack in the wall the society has built around the blood issue. Hopefully a few astute lawyers will take this information and run with it.