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In violation of a state licensing statute, Jones purports to be an attorney. After making that allegation, he contracts to perform legal service for Smith.
In violation of a state licensing statute, Jones purports to be an attorney. After making that allegation, he contracts to perform legal service for Smith. Smith then pays Jones a $ retainer. Later, after discovering that Jones is not licensed and therefore cannot get the job done, Smith sues Jones for the $ What is the most likely result, and why?
A Smith definitely wins, because here we have a revenueraising statute.
B Smith probably wins, because parties for whose protection a regulatory statute has been enacted often can recover amounts paid under a contract declared illegal by the statute.
C Smith definitely loses, because here we have a regulatory statute.
D Smith probably loses, because the law obligates one to check the licensure of a professional with whom one deals.
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