jc456
Diamond Member
- Dec 18, 2013
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From your link, So?
Lastly, opinions are not usually actionable as fraud except under very specific circumstances defined by either the common law or statutes in each state. In California, for example, a jury may be instructed that an opinion can be considered a representation of fact if it is proven that the speaker “claimed to have special knowledge of the subject matter” that the listener did not have; OR that the representation was made “not in a casual expression of belief, but in a way that declared the matter to be true;” OR if the speaker was in a position of “trust and confidence” over the listener; OR if the listener “had some other special reason to expect” the speaker to be reliable. Once the jury decides that an opinion qualified as a misrepresentation of fact under the circumstances, the plaintiff must still demonstrate all of the other elements of an intentional or negligent misrepresentation already described, such as reasonable reliance and resulting harm.
Big pharma lied and said the vaccine worked, one wouldn't catch wuhan anymore and would be free from passing it along. All lies. Where's the fraud police?