1707. Fact Versus Opinion

For Plaintiff  to recover, Defendant’s statements must have been statements of fact, not opinion. A statement of fact is a statement that can be proved to be true or false. An opinion may be considered a statement of fact if the opinion suggests that facts exist.

In deciding this issue, you should consider whether the average reader/listener would conclude from the language of the statement and its context that Defendant was making a statement of fact.