Brandon Intended to Start a New Company

question 51

Multiple Choice

Brandon intended to start a new company.He issued a public statement regarding the proposed business venture.That document contained a false statement to the effect that Brandon had received government authorization to use nuclear power for his venture.In fact,authorization had not yet been granted and,indeed,was eventually refused.After reading Brandon's public statement,Abigail invested in the company.She later lost her investment when the company folded.She then sued Brandon for the tort of deceit.Which of the following statements is TRUE?

• A)Brandon may be held liable even if he honestly believed that he had received government authorization to use nuclear power.
• B)Brandon may be held liable if a reasonable person would have relied upon his statement,even if Abigail did not do so when she made her investment.
• C)Even if Brandon is held liable,Abigail will not necessarily receive damages representing the value that her investment would have had if Brandon's statement had been correct,but she is entitled to be put in the same position she would have been in had the defendant not deceived her.
• D)Brandon may be held liable even if he did not intend to deceive Abigail,as long as he did in fact deceive her.
• E)The tort of deceit usually causes a court to award an injunction.

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Definitions:

Perfection by Possession

A method of securing interests in personal property by physical possession, thereby prioritizing claims against the property.

Perfection by Filing

A legal process to protect a secured interest in a debtor's property by filing appropriate documents with a governmental office or registry.

Perfection

In legal and financial contexts, it often relates to the process of securing a security interest in collateral, ensuring priority over other claims.

Financing Statement

A document filed by a creditor to indicate a security interest in the property of a debtor, used in securing loan agreements.