person who made statement is liable if:
  • creditor must rely on the misrepresentation
  • if misrepresentation is made in a public manner, creditor is protected. Does not matter how creditor found out. If he relies he is protected.
  • NO reasonable obligation to negate someone else's false statement that you are a partner. EXCEPT: if it would cost little or nothing and is easy to do (at a cocktail party)

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