Wednesday, December 23, 2009

What are the causes of action do you have if any against a person who gives you a wrong advice?

Well, if it was your attorney you could have legal recourse if you received bad advice, but if it's your mother or friends and you choose to take their advice then your on your own.What are the causes of action do you have if any against a person who gives you a wrong advice?
An action for negligent misstatement where a person has relied upon the advice of a person with whom they are in a special relationship and suffered loss as a result of a mistake made by that person. The category of persons falling within this ';special relationship'; would generally be professional persons but could extend to any person who holds themselves out as having some kind of special expertise.





You have to satisfy various elements to successfully recover. Firstly that the person was a person in a special relationship with the adviser giving rise to a duty of care. Secondly the person giving the wrong advice should have foreseen the person receiving it would have relied upon it, and thirdly that the information was provided negligently. It may also need to be established it was reasonable for you to rely on the advice rendered, and an assessment needs to be made as to whether the information or advice rendered was untrue, inaccurate or misleading. Finally the person relying on it must have done so to their detriment and suffered loss as a result. What are the causes of action do you have if any against a person who gives you a wrong advice?
You don't have any ';cause of action';.





Someone gave you advice, you went to them, and sought out their advice, them using their right to ';Freedom of Speech'; gave you what they thought would be the best choice. They did not force you, could not force you into this decision.





If they told you to kill someone, and you did. Then you could possibly land them as an accessory or ';conspiracy to assist in murder'; or some other wack-o charge the government will pull out of their ***.





Other than that. First Ammendment, tough break.





Better luck next time.
Nothing, it is still your choise, and people are different and have different views and you can not blame them for their views, they did not force you to accept their views

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