Attorney Arken does not handle family law matters so when one of his clients (Mrs. Gold) asks for an attorney to handle her divorce, Arken recommended Sandy Lawyer, a fellow Arken new in high school. Sandy is a terrific guy and Mrs. Gold liked him enormously. Sandy, however, enjoys surfing more than working and, as a result, completely bungled Mrs. Gold's divorce causing her to lose her rights to
much of her husband's wealth. Mrs. Gold filed a complaint against Arken for "negligent referral." The likely outcome of this complaint is
A) that it will go to trial and the outcome will depend upon exactly what Arken told Mrs. Gold about Sandy's competence.
B) that it will be dismissed before trial because there is no cause of action that makes Arken a guaranty of Sandy's competence.
C) that it will go to trial and the outcome will depend upon Mrs. Gold's proof that Arken's recommendation was the actual and proximate cause of her harm.
D) that it will go to trial and the outcome will depend on the amount of harm Mrs. Gold suffered from Sandy's incompetence.
B
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