FACTS:

It is Waleed's 50th birthday and to celebrate the event, Waleed's wife Wahidah decides to throw a surprise birthday dinner. She books a table at a popular Turkish restaurant, and invites Waleed's close friends including his accountant to the dinner. Waleed is happy to see his accountant Barry, and he speaks with him a lot both during and after the dinner.

Waleed runs his own business supplying furniture. One of the topics that he discusses with Barry is the financial reports for Party and Events R Us - a business seeking to deal with Waleed. The financial reports indicate that Party and Events R Us are in excellent financial health. Based on these reports, Waleed supplies Party and Events R Us with $100,000 worth of furniture, with payment to be made within 30 days. Waleed only agrees to delayed payment rather than payment up front, after looking at the financial reports prepared by Barry.

As it turns out, Party and Events R Us is not in excellent financial health at all - in fact it has a lot of debt. Barry did not realise this because he accidentally left out several pages of the Party and Events R Us accounts in the reports.

Just two weeks after Waleed has delivered the furniture, Party and Events R Us goes into liquidation, and because of its debt issues, it is looking very unlikely that Waleed will ever get the $100,000 payment from Party and Events R Us.

Use only common law and/or equitable principles to answer questions 1. Do not use legislation.

Can Waleed sue Barry for negligent misstatement?