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After the plaintiff is harmed, the plaintiff sues and the defendant denies legal responsibility. A client forwarded legal advice to a business partner during negotiations. The moving party relies on the parties' conduct and the practical consequences of the ruling, while the opponent emphasizes a formal limitation.
The plaintiff seeks recovery for the harm; the defendant argues that liability or the requested remedy fails under the facts shown.
How should the court resolve the dispute? Discuss the strongest arguments for each side, state the controlling rule, apply it to the material facts, and explain the likely remedy or consequence.

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