He
concluded that the first of Linklaters» two
letters of advice was negligent, not because they failed to exercise proper skill, care or competence in reaching the
opinions expressed in it, but because the
letter did not properly convey their advice and was reasonably to be understood by Levicom to advise that damages for breach of the CSA would be substantial.
The Developer argued that a 1964
opinion letter from the Department of Labor, where an administrator had
concluded that a real estate salesperson who used a model home as his headquarters, could qualify for the «outside salesperson» exemption.