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CS Professional · Drafting, Pleadings and Appearances · Art of Opinion Writing

Mr. Iyer is asked to give an opinion on whether Zenith Infra Ltd. can terminate a supply contract. The client gives him only a verbal summary of the contract, and he does not see the contract itself. What is the sound approach to the nature of his opinion?

He should record the facts he has assumed and make the opinion conditional on those facts being accurate and complete. A legal opinion rests on the facts supplied, so stating assumptions protects the writer and tells the client the conclusion may change if the facts differ.

  1. AState the facts assumed, and make the opinion conditional on them being accurate and completeCorrect
  2. BGive an unconditional opinion, since clients are always truthful
  3. CRefuse to give any opinion, whatever the circumstances
  4. DIgnore the contract terms and rely on general law

Explanation

An opinion is only as sound as the facts it rests on. Where documents have not been examined, the opinion should record the facts assumed and make its conclusion subject to them. An unconditional opinion exposes the writer to risk, and ignoring the contract defeats the purpose.

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