Tigerbear Case: Fact Vs. Opinion

Fraud is a gross disparity in the element of consideration. John is not arguing against any of the other elements, but now with the current statistics of the team he is trying to sue under the tort of fraud. That the salesman provided him with false pretenses and that he relied on the misrepresentation and this caused him to alter from his original decision and purchase the season tickets. He wants special damages paid in the form of a reimbursement of the season tickets. John believes that the salesman for the season tickets gave him false pretenses when stating that he can “pretty much guarantee [John] that [the Nacogdoches Tigerbears] will be going to the playoffs this year.” Misrepresentation of material fact states that the seller had …show more content…
This is a classic example of Fact vs. Opinion. He is not an expert on predicting the outcome of games, thus no exception applies. The salesman was merely taking facts about the team, and forming an opinion from those facts. The Tigerbears had not played any games that year at the time the season tickets were being sold and when he states that he believes they will reach the playoffs this year he was simply making this assumption from the facts that were present at the time. John himself knew that the team has not won a single game in the past three years, and could make a reasonable assumption on whether or not he wanted to rely on a salesman whose job is to get you to buy the tickets or rely on his own original instincts and knowledge of past performance to make his decision. Therefore, both the elements of misrepresentation and, of intent to deceive is not present. At this point no argument can be made that because of what the salesman said justifies that he should be reimbursed because no misrepresentation was not present, therefore the tort of fraud did not take place and it is a valid