The Ultramares V

The Ultramares v. Touche case of 1933 held that a cause of action based on negligence could not be maintained by a third party who was not in contractual privity; however, it did leave open the possibility that:

A) Third parties that were "foreseeable" may sue for ordinary negligence
B) Third parties may sue if one of the parties in contractual privity allowed it to
C) Third parties may sue in the case of fraud or constructive fraud
D) Third parties who used the financial statements may sue