Also known as:half-truth · half truth · half truths · misrepresentation · misleading omission
Written by attorneys · grounded in primary & secondary sources — see below
A literally true statement that omits a fact necessary to prevent the statement considered as a whole from being materially misleading.
Sources & Authorities
How it applies
Common Examples
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Lawyer Advertisement Omits Key Limit
Hector Hernandez advertised his services as providing full representation in all personal injury matters. The ad omitted that Hernandez lacked malpractice insurance and would refer complex cases to other counsel. A prospective client relied on the statement and retained Hernandez for a serious accident claim that later required referral.
Seller Statement Creates False Impression
Henry Harrison told a buyer that a warehouse had no structural defects. Harrison knew the statement was true only because he had never inspected the foundation. The buyer relied on the statement and later discovered major foundation damage that required costly repairs.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Casebooks
Study Supplements
Party Conceals Prior Judgment in Motion
Hana Hashimoto moved to set aside a default judgment under Rule 60(b)(3). Hashimoto's papers stated that the opposing party had engaged in misconduct but omitted that Hashimoto had known of the judgment for over a year. The court later learned of the omitted fact and denied relief.
Engineer Report Omits Safety Data
Hassan Hakim prepared a structural report stating that a building met all code requirements. Hakim omitted test results showing the roof could fail under high wind loads. A subsequent storm caused partial collapse and injury to workers.
Spouse Withholds Asset Information
Harriet Hamilton presented a marital settlement agreement that listed only known joint accounts. Hamilton omitted several investment accounts she controlled. Her spouse later discovered the accounts and sought to set aside the agreement under Florida standards.
Attorney Conceals Conflict in Referral
Hyperion Systems referred a client matter to outside counsel while stating only that the matter was complex. The firm omitted that one of its partners held a financial interest in the outcome. The client later learned of the interest and filed a grievance.
Common questions
Frequently Asked
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How does a half-truth differ from an outright lie in misrepresentation claims?+
A half-truth is literally accurate yet omits a fact that makes the whole statement materially misleading. Courts treat the omission as equivalent to an assertion that the omitted fact does not exist when the speaker knows disclosure is necessary to prevent the statement from being misleading.
Supporting sources
When is reliance on a half-truth justified?+
Reliance is justified unless the recipient knows the statement is false or its falsity is obvious. A recipient need not investigate further even if an investigation would have revealed the truth.
Supporting sources
Does a half-truth support professional discipline under the Model Rules?+
Yes. Rule 7.1 prohibits communications that omit facts necessary to keep the statement as a whole from being materially misleading. Rule 8.4(c) separately prohibits conduct involving misrepresentation, which includes half-truths.
Supporting sources
Can a half-truth render a contract voidable?+
Yes. A material half-truth that induces justifiable reliance makes the contract voidable by the recipient under the rules governing fraudulent or material misrepresentation.
Supporting sources
376 U.S. 254 (1964)Remedies
…deserve to be considered, ignorant or incompetent, that it is rarely possible, on adequate grounds, conscientiously to stamp the misrepresentation as morally culpable; and still less could law presume to interfere with this kind of controversial misconduct." [^maj-15]: The climate in which public officials operate, especially during…