LAW 122 Midterm: Business Torts- Deceit

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Defendant must first make a false statement ways to prove by plaintiff: the defendant may be held liable for a half-truth. For example, if i am selling my business to you, i may provide figures representing gross profits as if they reflect net profits: the defendant may be held liable for failing to update information. For example, if i am selling my business to you, i may provide information that is accurate when i give it, but that later becomes inaccurate because of a dramatic change in the market. If that change happens before our deal closes, i may have to tell you about it. If i don"t, my silence may amount to a representation that the circumstances have stayed the same: defendant must make the statement with the intention of misleading plaintiff. Doesn"t have to be made directly to the plaintiff. Rules: statement of defendant normally has to refer to a past or present fact.