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

Ms. Nisha Verma gives an opinion to Falcon Logistics Ltd that a particular contract clause is enforceable, assuming the counterparty's signatory was duly authorised. Later it emerges the signatory had no authority. A director blames Nisha. Which feature of her opinion best protects her position?

The explicit statement of the assumption protects her. By making the conclusion conditional on the signatory's authority, the opinion shows its limits. When that assumption proves false, the advice no longer applies. Fees, technical language or lack of reasoning give no comparable protection.

  1. AThe use of long sentences and technical terms
  2. BThe fact that the opinion was given free of charge
  3. CThe explicit statement of the assumption on which the conclusion dependedCorrect
  4. DThe absence of any recorded reasoning

Explanation

Her conclusion was expressly conditional on an assumed fact. Recording assumptions shows the opinion was limited to those facts, so when the assumption fails, the advice no longer applies. Fees, style or missing reasoning give no such protection and omitting reasoning would itself be a defect.

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