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Is a statement of opinion generally subject to a claim of fraud?
1) True
2) False

User Hukir
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1 Answer

3 votes

Final answer:

A statement of opinion is not generally subject to a claim of fraud since fraud involves a misrepresentation of fact, whereas opinions are personal beliefs. However, opinions presented deceitfully as facts might be considered fraudulent under special circumstances.

Step-by-step explanation:

A statement of opinion is generally not subject to a claim of fraud because for something to be fraudulent, there must be a misrepresentation of a material fact upon which the victim relies and causes harm as a result. Opinions are viewpoints or personal beliefs and are not held to the same standard as factual representations in the legal context. However, there are exceptional circumstances where an opinion might border on a fraudulent claim if the individual stating the opinion denotes it as a fact and there is an element of deceit involved.

In legal terms, a misrepresentation must be about a present or past fact, and opinions do not meet this criterion. Hence, it is important to discern between what constitutes a fact and what is categorically an opinion. Factual statements can be proven true or false, while opinions are subjective and based on personal beliefs or interpretations.

User Amiya
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