Which two types of misrepresentation are recognized in tort law?

In the context of tort law, the two types of misrepresentation that are recognized are negligent and fraudulent.

Negligent misrepresentation occurs when a party provides false information without a reasonable basis for believing it to be true. This type of misrepresentation addresses situations where there was a failure to take care in ensuring the accuracy of statements made. A party may be held liable for damages if it can be demonstrated that they were negligent in their duty to provide accurate information.

Fraudulent misrepresentation, on the other hand, involves intentional deception. This occurs when a party knowingly makes false statements or representations with the intent to deceive another party. To establish fraudulent misrepresentation, it must be shown that the misrepresenting party acted with intent to deceive, that the false statement was made, and that the other party relied on that false statement to their detriment.

The other options do not accurately reflect the recognized types of misrepresentation in tort law. While innocent misrepresentation is indeed a recognized concept, it is not one of the two principal types typically highlighted in discussions of tort law alongside negligent and fraudulent misrepresentation. Similarly, unilateral and mutual do not relate to the classifications of misrepresentation but rather refer to aspects of contracts or agreements.