Question
Bob is a financial planner. He normally exercises reasonable skill and care when advising clients. However, he occasionally advises clients to invest money in an
Bob is a financial planner. He normally exercises reasonable skill and care when advising clients. However, he occasionally advises clients to invest money in an investment fund run by his son, Rube. Rube's investment fund consists of only one asset: a complex financial product that only pays positive returns in the years the Detroit Lions win the Super Bowl. All of Bob's clients are too smart and sophisticated to invest in such a fund as they know they stand a better chance of getting hit by an asteroid than the Detroit Lions have of winning the Super Bowl.
Stan, one of Bob's clients, sues Bob for breaching Bob's fiduciary duty as a financial adviser to exercise reasonable skill and care by virtue of recommending Stan invest in Rube's ill-conceived fund. Which is the most likely reason Stan's lawsuit will not succeed?:
Possible answers:
Bob breached his fiduciary duty by recommending Rube's fund to Stan
Stan never invested any money in Rube's fund
Bob didn't exercise reasonable skill and care in recommending Rube's fund to Stan
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