Xander believes that the CEO of his company,Trish,has been negligent,breaching her duty of care to the shareholders.As the company's accountant,he has noticed that Trish gives him records that seem incomplete.After confronting her,Xander finds out that she didn't know about any incomplete records,but that it might be because she just throws out transactions that are less than $200 because she thinks it doesn't really affect anything.Which of the following statements is true?
A) The court will not be able to determine if there is a duty of care unless the case falls into one of the traditional categories.
B) If there has not been a decision,the court will look at reasonable foreseeability,proximity,and policy to determine if there is a duty of care.
C) There is no case for negligence,but there is one for the tort of deceit.
D) This would not be negligence because Donoghue v Stevenson determined that negligence could only occur between a manufacturer and their customers.
E) There is no case for negligence because Trish is right,$200 transactions won't affect anything.
Correct Answer:
Verified
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