To obtain relief for negligent or innocent misrepresentation, the elements of fraud must be present but the misrepresentation need not be material.

Negligent Misrepresentation

The act of unintentionally providing false information that others rely upon, leading to financial loss or damage.

Elements Of Fraud

Elements of Fraud include the intentional misrepresentation or concealment of an important fact upon which the victim is meant to rely, and does rely, resulting in harm to the victim.

Material

Refers to the physical substances or components that are used to make or build something.