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Old 12-04-2013, 02:54 PM
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Peter_Spaeth Peter_Spaeth is offline
Peter Spaeth
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Join Date: Apr 2009
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Quote:
Originally Posted by nolemmings View Post
Misrepresentation can be by omission--see, e.g. Section 551 of the Restatement 2d Torts. I'm defending a case now with trial set in February that is based in large part on this theory.
Yes, but you need a duty to disclose where an omission is concerned, mere fact of materiality doesn't impose a duty. No fiduciary relationship here, no incomplete disclosure rendered misleading by the omission. Maybe something else?
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