ersigned finds that a duty for BTU and Brito to disclose the facts at issue could arise from BTU and Brito's alleged misleading representations. See CNH Am., LLC v. Ligon Capital, LLC, 160 So. 3d 1195, 1111204, 2013 WL 5966782, at *5 (Ala. 2013) (1Oince a party elects to speak, he or she assumes a duty