Business Law 11th Edition by Kenneth Clarkson,Roger LeRoy Miller,Gaylord Jentz,Frank Cross

Exercise 4

Negligent Misrepresentation Cleveland Chiropractic College (CCC) promised prospective students that CCC would provide clinical training and experience-a critical part of a chiropractic education and a requirement for graduation and obtaining a license to practice. Specifically, CCC expressly promised that it would provide an ample variety of patients. CCC knew, however, that it did not have the ability to provide sufficient patients, as evidenced by its report to the Council on Chiropractic Education, an accreditation body through which chiropractic colleges monitor and certify themselves. In that report, CCC said that patient recruitment was the "joint responsibility" of the college and the student. During the 1990s, most of the "patients" that students saw were healthy persons whom the students recruited to be stand-in patients. After graduating and obtaining licenses to practice, Michael Troknya and nineteen others filed a suit in a federal district court against CCC, alleging, among other things, negligent misrepresentation. What are the elements of this cause of action Are they satisfied in this case Why or why not [ Troknya v. Cleveland Chiropractic Clinic, 280 F.3d 1200 (8th Cir. 2002)]