If a defendant makes an opinion implying that no facts incompatible with that opinion exist (when in fact the defendant knows they do), he or she can be liable for misrepresentation.

Question

Quizplus · Accepted Answer

When a defendant expresses an opinion but is aware of facts that would render that opinion misleading or false, and implies that no incompatible facts exist, this can indeed constitute misrepresentation. This is because the defendant is presenting an opinion in a manner that deceives the other party, implying a factual basis for the opinion that they know to be false or misleading.

If a Defendant Makes an Opinion Implying That No Facts