Reliance And Opinion

RELIANCE AND OPINION

In order to recover for misrepresentation, a plaintiff must prove that the reliance on the misstatement was justified.

A.

Statements of Fact v. Opinions Reliance on a misrepresentation as to a fact is almost always justified, unless the relied upon representation is obviously false. Reliance on a false statement of opinion is only justified if:

1. the defendant has worked to gain the plaintiff’s trust;
2.the defendant is or presents himself to be an expert; or
3.a fiduciary relationship exists between the parties.

B.

Puffing Salespersons are allowed to engage in some puffing as part of their sales pitch even if they somewhat exaggerate the product’s attributes.