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Unformatted text preview: P appealed. Ct of app found that generally a misrepresentation had to be based on fact rather than opinion, except where there is a fiduciary relationship b/w the parties or if the parties are not dealing at arms length. The court found that the D had superior knowledge that he used to take advantage of the P and that he was required to divulge the truth concerning the Ps abilities and potential. ISSUE: Whether a cause of action for misrepresentation may be based on opinion and not solely on fact. HELD: Yes. RULE: see highlight...
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- Spring '08