LAW 122 Lecture Notes - Lecture 6: Financial Statement
1 Oct 2017
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Abigail"s statement was communicated on a serious occasion. That is true because it was contained within a financial statement: abigail"s statement was made in response to an inquiry. That was true because it was rendered pursuant to a contractual request: abigail received a financial benefit in exchange for the statement. That presumably was true because the statement was rendered pursuant to a contract: abigail communicated a statement of fact, or an opinion or prediction based on fact, rather than a purely personal opinion. That presumably was true of the financial statement. In contrast, a duty of care is less likely to be imposed in the following situation: abigail issued a disclaimer along with her statement. Such a disclaimer might have been contained in her contract with theta inc. Given the facts of the case, it probably was reasonably foreseeable that. Raekwon might suffer a loss as a result of relying upon abigail"s carelessly prepared financial statement.
