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Under the Restatement Test,as Discussed in the Case in the Text,Bily

Question 53

Multiple Choice

Under the Restatement Test,as discussed in the case in the text,Bily v.Arthur Young & Co.,which of the following is true regarding the effort by XYZ Bank to recover against Selena based upon Alice's default?


A) The bank will be able to recover because it was in privity with Selena.
B) The bank will be able to recover because it was in privity with Alice, and Alice was in privity with Selena.
C) The bank will be able to recover because Selena was aware that her audit would be used to obtain a loan.
D) The bank will not be able to recover because it cannot establish reliance upon Selena's work.
E) The bank will not be able to recover because Selena and Alice had specifically agreed that the audit would only be used to obtain a loan from Alice's uncle.

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