Essay on A Brief Note On The Tort Of Negligence

Essay on A Brief Note On The Tort Of Negligence

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Deceit is purposeful lying that causes a loss for the claimant or gain for the defendant. Conversely, a negligent misstatement is an incorrect, careless statement that causes loss for the claimant, in which the defendant acts on unreasonable grounds. In order to establish a negligent misstatement, the misstatement must fulfil the requirements for negligence. The tort of negligence involves three components: duty of care, breach of duty, and damages. Donoghue v. Stevenson (1932) is the origin of the tort of negligence in modern English law. In the tort of negligence “a defendant is liable to pay damages to compensate the claimant’s loss or damage suffered in consequence of the defendant’s breach of duty to take reasonable care.” So, the primary concern in negligent misstatement cases is whether or not the defendant owes the claimant a duty of reasonable care in the situation. Then, the courts examine the questions of causation and remoteness, as control mechanisms of cases involving pure economic loss.
Lord Atkin established the neighbour test in the Donoghue v. Stevenson case, when he stated, “You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.” Accordingly, your neighbour is anyone directly affected by your actions, which you should have reasonably had in contemplation when completing the act in question. As a result, this test is objective and proves that a person is not always liable for every injury that is a product of his actions, but that they must owe a duty of care to the claimant as well. Another breakthrough in tort of negligence came forth in Hedley Byrne v. Heller (1964) that established that in cases of negligent misstatement a special ...

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... meaning ‘to a willing person, injury is not done.’ In the case of Simms v. Leigh Rugby Football Club (1969), the ruling held that the claimant implies consent. Lastly, the courts have the ability to utilize ‘res ipsa loquitor’ which allows for the lightening of burden of proof for the claimant. Notably, this involves situations involving accidents solely under the control of the defendant and improbable if the defendant acts with correct level of care. Once the court exhausts the defences, they are able to decide on the existence of a negligent misstatement.
In conclusion, successful proof of a duty of care, breach of duty, damages, and then a defeat of defences leads to the establishment of negligent misstatement in the case. It is imperative that the claimant proves all three aspects of negligence and that the statement is made merely carelessly, not deceitfully.

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