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1 pages/≈275 words
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Style:
APA
Subject:
Law
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Coursework
Language:
English (U.S.)
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Topic:
Wk2-Viner v. Sweet
Coursework Instructions:
Read the case Viner v. Sweet you can find the case online. Then answer the following questions. Be sure to number which question you are responding to and provide your answer in a complete sentence.
Viner v. Sweet, 30 Cal.4th 1232
Questions:
1. What three reasons did the Court of Appeal give for applying the but-for test to litigation malpractice, but not to transactional malpractice?
2. What do Defendants contend that the Viners would have to show to win a claim for negligence against Defendants?
3. What is the purpose of the but-for test in the context of legal malpractice?
4. Did the court agree with the Court of Appeal that litigation and transaction are distinct and should be treated differently? Why?
5. Is a plaintiff allowed to use circumstantial evidence to prove legal malpractice?
6. Did this court find that the but-for test applied to both litigation and transactional malpractice?
Coursework Sample Content Preview:
Viner v. Sweet
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Viner v. Sweet
1) The Court of Appeal stated that the but-for test was not relevant to transactional malpractice due to: (1) business transactions have the potential to be mutually beneficial as opposed to litigation; (2) deals are about predicting events still to come as opposed to what already occurred in the past; and (3) deals contain an infinity number of possible outcomes and therefore the causation is far too speculative of proving.
2) The defendants contended that the Viners needed to demonstrate that had they not been negligent they would have done or obtained a better result either by getting a better deal (better deal scenario) or by not having their deal at all (no deal scenario) and therefore showing the harm would not have ari...
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