This problem is based on statements made by parties in the course of negotiations leading to a
contract.
In this case Kamau made a statement which influenced Keter to purchase the firm, but the statement turns out to be untrue and Keter feels aggrieved and has threatened to sue Kamau for misrepresentation.
It is apparent that Kamau?s statement is not an assertion of fact. It is an opinion for which Kamau
cannot be sued.
My advise to Kamau is that he is not liable even if sued by Keter as his statement was a mere opinion
which does not amount to misrepresentation.
My advice is based on the decision in Edindgton V. Fitzmaurice.
raphael answered the question on April 16, 2018 at 06:57
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