Which of the following is a component of prima facie misrepresentation?

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In a case of misrepresentation, establishing a prima facie claim requires certain key components, one of which is the existence of a spoken or communicated statement of fact. This statement must be false and can take various forms, such as oral statements, written statements, or representations made through other means. The focus on a "statement of fact" emphasizes that for a misrepresentation claim to succeed, there must be an assertion that can be objectively verified as true or false.

Having a statement of fact is essential because it forms the basis of the alleged misleading information. If there is no statement of fact, there cannot be a misrepresentation, as the claim hinges on the assertion that something untrue was communicated.

While other factors in misrepresentation could relate to negligence or intent, those elements do not make up the foundational requirement of a prima facie case. Additionally, the requirement for publication to third parties is important in broader discussions of misrepresentation or defamation but does not directly impact the classification of the statement itself. Thus, the primary concern when establishing a misrepresentation claim is demonstrating that there was indeed a false statement of fact made to the claimant.

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