Toro Co. v. Alsop

holding that duty to disclose the whole truth arises when a defendant undertakes to disclose material information | recognizing a duty to disclose where one party has some particular knowledge or expertise not shared by the plaintiff | stating that the relationships wherein a duty to disclose has been found indicate that the Alabama courts give little attention to the designation of the relationship, but instead look to the relative bargaining position of the parties | a lender's duty to disclose known irregularities in his debtor's accounts "resemble a recital of raw fact more than they resemble a prediction of future stock prices" | a lender’s duty to disclose known irregularities in his debtor’s accounts “resemble a recital of raw fact more than they resemble a prediction of future stock prices” | “a duty to speak the full truth arises when a defendant undertakes to say anything” | “In the present case, there is sufficient evidence to demonstrate the existence of a reasonable fear on the part of the victims and the requisite intent to exploit that fear.” | where testimony at trial regarding victim’s state of mind during the period before he offered money to the defendant showed that he was motivated by anticipation of economic loss, this constituted “fear” within the meaning of the Hobbs Act | assumed but not decided that “recklessness” sufficient | noting recklessness as adequate for scienter | noting recklessness as adequate for scienter