Illinois Courts Have Held That, Generally, Statements As To Value Will Not Constitute An Actionable Fraud
Generally, statements as to value do not constitute actionable fraud. Illinois Jurisprudence, Personal Injury and Torts § 13:07. Statements concerning value are ordinarily deemed as an opinion of the party making the representation. Id. While it may be true that a bare statement as to value is ordinarily deemed the opinion of the party making the representation, such a statement may be a positive affirmation of a fact, intended as such by the party making it, and reasonably regarded as such by the party to whom it is made. Id. Therefore, Illinois courts have held that the general rule for statements of value is that where a statement of value is part of a scheme to induce a plaintiff to act, a cause of action for fraud may exist. Id.
In addition, the Illinois First District Appellate Court has held that puffing cannot be the subject of an actionable fraud claim. Miller v. William Chevrolet/GEO, Inc., 326 Ill.App.3d 642, 649 (1st Dist. 2001). Illinois courts have defined “puffing” as a bare statement as to the value of a product. Id. However, statements of existing facts or comments that ascribe specific virtues to a product are not generally considered puffing and may be the subject of a fraud claim. Illinois Jurisprudence, Personal Injury and Torts § 13:07.
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