In what scenario might misrepresentation become actionable?

Misrepresentation becomes actionable primarily when the statement made is found to be fraudulent. A fraudulent misrepresentation involves a false statement made knowingly, with the intent to deceive another party. In such cases, the harmed party relies on this false statement to their detriment, which gives rise to a legal claim for damages.

Fraudulent misrepresentation typically requires proof of several elements, including the representation of a material fact, knowledge of its falsity, and an intent to deceive the other party. When these criteria are met, the injured party has the right to seek compensation for the damages incurred as a result of the reliance on the fraudulent information.

The other options do not establish actionable misrepresentation under the same clear legal framework. For instance, an omission made without intent typically does not rise to the level of misrepresentation, as there must be an intent to deceive for it to be actionable. Pure opinions are generally not considered misrepresentations because they are subjective and not statements of fact. Finally, misrepresentation is not limited to commercial properties; it can occur in various contexts, including residential real estate and other transactions. Thus, fraudulent misrepresentation is the key scenario where action can be pursued.