Contracts I

Restatement Second of Contracts § 169


When Reliance on an Assertion of Opinion Is Not Justified

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To the extent that an assertion is one of opinion only, the recipient is not justified in relying on it unless the recipient

  1. stands in such a relation of trust and confidence to the person whose opinion is asserted that the recipient is reasonable in relying on it, or
  2. reasonably believes that, as compared with himself, the person whose opinion is asserted has special skill, judgment or objectivity with respect to the subject matter, or
  3. is for some other special reason particularly susceptible to a misrepresentation of the type involved.