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Plaintiff's Standard Of Care After Hochfelder: Toward A Theory Of Causation, Robert P. Bryant
Plaintiff's Standard Of Care After Hochfelder: Toward A Theory Of Causation, Robert P. Bryant
Vanderbilt Law Review
The extended debate by the Institute illustrates the logical and even emotional difficulty of dealing with the victim of an admittedly intentional deception who has acted foolishly in his own behalf and does not seem to deserve recovery. The crux of the controversy in the common law deceit cases mirrors that in the 10b-5 cases:should the victim have to investigate, and what might trigger an obligation to investigate? As this discussion demonstrates, tort principles provide some guidance. In deceit cases, the obligations placed on the plaintiff arise from the requirement that his reliance be justified. To the extent that his …