If an Incident of Misrepresentation Is Neither Fraudulent nor Negligent

If an incident of misrepresentation is neither fraudulent nor negligent, yet it resulted in harm, then

A) it is innocent misrepresentation which has no legal significance
B) the victim is guilty of having unreasonable reliance on the misrepresentation.
C) it does not qualify for a tort action.
D) the victim's one hope is to show that a provision in the contract was misrepresented.
E) a claim of tort can only be made with evidence the victim relied on the misrepresentation.