In an earlier post we raised the subject of business torts, which reflect the possibility that like an individual, a legal entity such as a business can engage in wrongful conduct that is actionable in court in Ohio. We began our examination of business torts with intentional interference with business relationships. In this installment, we will consider another legal theory under which a business can find itself the defendant in a civil lawsuit: misrepresentation.
Misrepresentation can harm another person or business if it causes that person or business to act, or to refrain from acting, in such a way that economic or other loss results. Misrepresentation may be either intentional or negligent, with intentional misrepresentation being the more serious tort.