Venue: |
CA SC
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Facts: |
Various employers gave Gadams positive letters of recommendation,
even though there were prior accusations of inappropriate
sexual conduct. Gadams then assaults a student. |
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Posture: |
Demurrers at trial, reversed on appeal. |
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Issue: |
Does the duty of reasonable care include the duty to disclose
material information bearing on a candidate's fitness when
writing letters of recommendation? |
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Holding: |
Not unless you undertake to say other stuff. |
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Rule: |
You can remain silent about unfavorable facts, but if you go
so far as to offer a recommendation, it's misrepresentation
to say only the positive, if you've got substantial negative
knowledge. |
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Reasoning: |
Giving false information imposes liability. A half-truth is
as bad as a lie, if it is understood to be the whole truth.
There's a difference between nondisclosure and misrepresentation.
It was foreseeable that people would rely on these
recommendations. |
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Dicta: |
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