What is one potential defense against a claim of fraudulent misrepresentation?

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Claiming lack of intent to deceive serves as a strong defense against a claim of fraudulent misrepresentation because intent is a critical component of establishing fraud. For a plaintiff to win a fraud case, they must prove that the defendant intentionally provided false information with the intent that the plaintiff would rely on it to their detriment. If the defendant can demonstrate that there was no intent to deceive at the time the misrepresentation was made—perhaps by showing it was a mere mistake or misunderstanding—then the fraudulent misrepresentation claim may not stand.

In comparison, admitting to the misrepresentation does not provide a defense; it could actually strengthen the plaintiff's case. Indicating that the information was public might suggest that there was no fraudulent intent, but it does not negate the potential harm caused if the misrepresentation led someone to take action based on that information. Stating that the victim did not rely on the statement could potentially challenge a component of the claim, but it does not address the intent aspect, which is crucial in claims of fraud.

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