Dear Colleagues:

 

Many of you will be interested in a new article by Mark Gergen, entitled "Negligent misrepresentation as contract" 101 Cal. L. Rev. 953-1011 (2013).  The Article challenges the prevailing view which classifies the claim of negligent misrepresentation as a tort.  Instead it argues that negligent misrepresentation is best understood as a contractual claim akin to promissory estoppel, with the gist of both claims being invited reliance (http://www.californialawreview.org/articles/negligent-misrepresentation-as-contract).

 

There is much discussion of the work of ODGers such as Stephen Smith, Peter Benson, Rob Stevens, John Goldberg and Ben Zipursky.

 

Happy Reading,