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Words: | Submitted: Mon Jun 19 2006
... to be treated as a mere puff.2 Secondly a statement of opinion or belief which proves to be unfounded is not a false statement of fact, as, 'A representation of fact may be inherent in a statement of opinion, and, at any rate, and existence of the opinion in the person stating it is a question of fact.'3 But on the whole the courts take the view that a statement expressed as an opinion maybe treated as a statement of fact if the person making the statement was aware of the true facts. Bisset was distinguished in the case of Esso Petroleum Ltd v Mardon4, Lord Denning held that the statement was one of fact and like Bisset, Esso had special knowledge and skills in the forecasting of the throughput of petrol and they were held to represent that they made the forecast with reasonable care and skill. A similar ...
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