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D.Negligent misstatement
In addition to or alongside a claim for misrepresentation,…
A claim for negligent misstatement essentially requires, as is the case for negligence…
Two cases exemplify when a claim for negligent misstatement may be made. The first…
In a later case, the House of Lords confirmed that there must be sufficient proximity…
“What can be deduced from the Hedley Byrne case, therefore, is that the necessary relationship between the maker of a statement or giver of advice (“the adviser”) and the recipient who acts in reliance upon it (“the advisee”) may typically be held to exist where (1) the advice is required for a purpose, whether particularly specified or generally described, which is made known, either actually or inferentially, to the adviser at the time when the advice is given; (2) the adviser knows, either actually or inferentially, that his advice will be communicated to the advisee, either specifically or as a member of an ascertainable class, in order that it should be used by the advisee for that purpose; (3) it is known either actually or inferentially, that the advice so communicated is likely to be acted upon by the advisee for that purpose without independent inquiry, and (4) it is so acted upon by the advisee to his detriment. That is not, of course, to …
The decision has naturally had the effect of severely curtailing the reach and effect…
6.Exclusion of liability
CHAPTER 9: MISTAKE
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