LAW 505-002 – Contracts I

Restatement Second of Contracts § 168


Reliance on Assertions of Opinion

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  1. An assertion is one of opinion if it expresses only a belief, without certainty, as to the existence of a fact or expresses only a judgment as to quality, value, authenticity, or similar matters.
  2. If it is reasonable to do so, the recipient of an assertion of a person's opinion as to facts not disclosed and not otherwise known to the recipient may properly interpret it as an assertion
    1. that the facts known to that person are not incompatible with his opinion, or
    2. that he knows facts sufficient to justify him in forming it.