Negligent Misstatement Case Study
analytical Essay
1471 words
Business Law Question 1 Explain what has to proven in an action for negligent misstatement. There are several types of false statement. One of them is a deliberate lie, which goes under the Tort of Deceit. Another one is negligent misstatement, which is basically the statement made carelessly or without reasonable background and is included into the Law of Tort. The liability for negligent misstatement may arise from pure economic loss. According to Steele (2010), ‘Economic losses will be regarded as “pure” if they do not flow from any personal injury to the claimant nor from physical damage to his or her property’. The boundaries between “pure” economic loss and the loss which is “consequential” from damage were established by the Court …show more content…
In this essay, the author
- Explains that negligent misstatement is a deliberate lie, which goes under the tort of deceit, and it may arise from pure economic loss.
- Analyzes how hedley byrne & co ltd v heller and partners ltd became a significant case because it pointed out the importance of negligent misstatement in the modern world where economic losses became as important as physical damages.
- Explains that economic loss, along with psychiatric injury, is considered a problematic form of damage. there are several criteria, which should be proven in an action for negligent misstatement.
- Analyzes how the hedley byrne & co ltd v heller and partners ltd case shows that there may be a cause of actions even without the contract between the parties.
- Explains that the house of lords held that a very proximate relationship must exist between claimant and defendant before liability in negligent misstatement will arise.
- Explains the hedley byrne rule, which evolved into three-stage test after the caparo inductries plc v dickman.
- Explains that the law must treat negligent words differently from general liability for negligence. the negligence in general is based on the ‘neighbourhood principle’, which was rejected by the house of lords.
- Argues that the law narrowed the liability owned by the advisor to the point where the contract was made or the defendant knew the other party intention to rely on the information or advice.
- Analyzes how the law distinguishes the liability of the defendant in jmcnaughton v hicks anderson and morgan crucible v hill samuel.
- Explains that it is difficult to claim remedies for pure financial loss even if all of the criteria have been satisfied.
- Explains that proving the existence of duty of care requires quality assessment and identifying if the decision made by advisee was not just a bad luck but the fault of the adviser.
- Opines that the rule of res ipsa loquitor must be satisfied. there are three questions which should be considered before raising liability for breaching the duty.
- Explains that the barnett v chelsea & kensington hospital case aimed to reveal if the result would have occurred without the act or omission of the defendant.
However, foresight test is not actual now as it was substituted with the ‘knowledge’ criteria after the Caparo Inductries plc V Dickman [1990] case. The house of Lords held that a very proximate relationship must exist between claimant and defendant before liability in negligent misstatement will arise. Still, however, in order to give rise to liability, the four conditions should be satisfied: I. The advice is required for a purpose, which is made known to the adviser. II. The adviser knows that the advice will be communicated to the advisee in order that it should be used by the advisee for that purpose III. It is known that the advisee will be acting upon the advice for that purpose without independent inquiry IV. It is so acted upon by the advisee to his detriment The Hedley Byrne rule was in course of time developed through many cases. The two-stage test, which arose from Ann V Merton London Borough Council [1978] evolved into three stage test after the Caparo Inductries plc V Dickman [1990], and now include following …show more content…
According to Lord Reid (at 482-4), “Quite careful people often express definite opinions on social or informal occasions even when they see that others are likely to be influenced by them; and they often do that without talking that care which they would take if asked for their opinion professionally or in a business connection”. This statement is basically about how easily the words are spread and thus, it s difficult to prove special relationships. Sometimes the court does not want to deal with pure economic losses because it is afraid of opening the floodgates, as lots of the cases are indefinite in relation to the foresight and size of the class. Lord Reid described it by saying: “Two words can be broadcast with or without the consent of the foresight of the speaker or writer. It would be one thing to say that the speaker owes a duty of care to the limited class, but it would be going very far to say that he owes a duty to every ultimate ‘consumer’ who acts on those words to his detriment…”(Steele,
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- Explains that the majority of driving offences are contained in the road traffic act 1988. they examine causing death by unlicensed, disqualified or uninsured driving and careless or inconsiderate driving.
- Explains that the case of r v hughes will be used throughout this essay to supplement my arguments. the defendant was charged under section 3zb of the road traffic act.
- Explains that road safety pressure groups seeking retributive measures for deaths caused by dangerous or careless driving along with increased safety in the future may have been the main reasons for parliament wishing to legislate.
- Argues that driving offences which are strict liability, do not agree with the retribution principle which proposes that "punishment is the way people pay their dues to society for their wrongdoings."
- Explains that driving uninsured or carelessly is at least partly the defendant's fault. the risk of death is intrinsic to their culpability.
- Explains that r v palmer supports the theory of intrinsic risk and luck and shows that there is some sort of fault involved in any driving offence.
- Explains that the theory of 'intrinsic risk' has some inadequacies specifically in relation to a section 2b offence.
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