Negligent Misrepresentation (2024)

By Judson P. Garrett

The ASHA Code of Ethics prohibits engaging in a "...misrepresentation."¹ This general prohibition is not limited to intentional misrepresentations.

A misrepresentation is any statement by words or other conduct that, under the circ*mstances, amounts to an assertion that is false or erroneous, i.e., not in accordance with the facts.² A misrepresentation, therefore, may be intentional or negligent (i.e., a "fraudulent misrepresentation" or a "negligent misrepresentation").

Unlike a fraudulent misrepresentation, which requires that the person making the representation know it is false or incorrect and intend to deceive or mislead, a negligent misrepresentation merely requires that one fail to exercise reasonable care or competence to obtain or communicate information that is true or correct.³

Failure to exercise reasonable care of competence in supplying correct information in the course of one's profession or occupation,⁴ therefore, constitutes engaging in a misrepresentation and violates the ASHA Code of Ethics.

Notes:

1. Principle of Ethics IV, Rule C,"Individuals shall not engage in dishonesty, fraud, deceit, misrepresentation."
2. Black's Law Dictionary 1001 (6th Ed 1990)
3. 37 Am Jur. 2d Fraud and Deceit § 128
4. Restatement of Torts § 552

Judson P.Garrett previously served as a public member of the ASHA Board of Ethics.