When does the Restatement (Second) treat nondisclosure of a known fact as an assertion?
QUESTION
What must a party show to avoid a contract for misrepresentation?
QUESTION
What effect does the recipient's failure to investigate have on justifiable reliance?
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ANSWER
It does not bar reliance unless the failure amounts to ignoring obvious facts or a lack of good faith. A recipient may rely on an assertion of fact even if a reasonable investigation would have revealed the truth.