Cite as: 516 U. S. 59 (1995)
Opinion of the Court
liance in fact,11 and 36 required an intermediate level of reliance, most frequently referred to as justifiable reliance.12 Following our established practice of finding Conis given information that would excite suspicions of reasonably prudent man, he has a duty to investigate).
11 See Beavers v. Lamplighters Realty, Inc., 556 P. 2d 1328, 1331 (Okla. App. 1976) (requiring actual reliance only); Campanelli v. Vescera, 75 R. I. 71, 74-75, 63 A. 2d 722, 724 (1949) (stating that actual reliance is sufficient, notwithstanding relying party's failure to investigate or verify); Negyessy v. Strong, 136 Vt. 193, 194-195, 388 A. 2d 383, 385 (1978) (stating that actual reliance is sufficient, even if plaintiff might have discovered the wrong but for his own neglect); Horton v. Tyree, 104 W. Va. 238, 242, 139 S. E. 737, 738 (1927) (holding that one to whom a representation is made has the right to rely without any further inquiry); Johnson v. Soulis, 542 P. 2d 867, 872 (Wyo. 1975) (requiring actual reliance only).
12 See Franklin v. Nunnelley, 242 Ala. 87, 89, 5 So. 2d 99, 101 (1941) (stating that there is no duty to investigate in absence of anything that would arouse suspicion); Thomson v. Wheeler Construction Co., 385 P. 2d 111, 113 (Alaska 1963) (stating that justifiable reliance is the appropriate standard); Barnes v. Lopez, 25 Ariz. App. 477, 480, 544 P. 2d 694, 697 (1976) (holding that purchaser had no duty to investigate); Fausett & Co. v. Bullard, 217 Ark. 176, 179-180, 229 S. W. 2d 490, 491-492 (1950) (relying on Restatement of Torts § 540 (1938) (hereinafter Restatement (First)), which applies the same rule as in Restatement (Second) of Torts § 540 (1976)); Seeger v. Odell, 18 Cal. 2d 409, 414-415, 115 P. 2d 977, 980-981 (1941) (relying on Restatement (First) and W. Prosser, Law of Torts (1941)); Monte Verde v. Moore, 539 P. 2d 1362, 1365 (Colo. App. 1975) (requiring justifiable reliance and distinguishing it from reasonable reliance); Ford v. H. W. Dubiskie & Co., 105 Conn. 572, 577-578, 136 A. 560, 562-563 (1927) (stating that no investigation is necessary for reliance to be justified); Eastern States Petroleum Co. v. Universal Oil Products Co., 24 Del. Ch. 11, 28-29, 3 A. 2d 768, 776-777 (1939) (holding that buyer had right to rely without investigating); Board of Public Instruction v. Everett W. Martin & Son, Inc., 97 So. 2d 21, 26-27 (Fla. 1957) (holding that purchaser had no duty to investigate where seller made clear factual representation); City Dodge, Inc. v. Gardner, 232 Ga. 766, 770, 208 S. E. 2d 794, 797 (1974) (requiring justifiable reliance); Sorenson v. Adams, 98 Idaho 708, 715, 571 P. 2d 769, 776 (1977) (stating that neither purchasers' lack of caution in believing a factual misrepresentation nor their failure to make an independent investigation is a defense to their fraud action); Roda v. Berko, 401 Ill. 335, 342, 81 N. E. 2d 912, 916 (1948) ("[I]f it appears that one party
73
Page: Index Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: October 4, 2007