.. Negligent misrepresentation is yet another variation of fraud is recognized in Minnesota and it occurs where:
One who, in the course of his business, profession or employment, or in any other transaction in which he has a pecuniary interest, supplies false information for the guidance of others in their business transactions, is subject to liability for pecuniary loss caused to them by their justifiable reliance upon the information, if he fails to exercise reasonable care or competence in obtaining or communicating the information.
Florenzano v. Olson, 387 N.W.2d 168, 174 n. 3 (Minn.1986).
It doesn't matter....The buyer knew what they received was not what they thought they were buying ....
The misrepresentation had already taken place. Akin to false advertisement.
Which, by the way, is exactly why Kevin Trudeu is in prison.
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