Negligent Misstatement

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  • Created by: Owais360
  • Created on: 08-04-14 11:18
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  • Negligent Misstatement
    • Types of Economic Loss
      • Consequential
      • Pure Economic Loss through negligent act {Murphy v Brentwood}
      • Pure Economic through negligent misstatement-modified rules
    • Duty of Care {Modified Caparo Rules}
      • Forseeability of some loss {Kent v Griffiths}
        • Ambulance took too long, Claimant suffered respiratory arrest.
      • Proximity [Hedley Byrne v Heller} Special Relationship
        • The defendant has a special skill {Mutual Life} or implies this {Esso Petroleum}
        • Claimant relies on the advice
          • Reliance was reasonable considering purpose {Caparo v Dickman}/Social Situation {Choudhury v Prabhakar}/ Expertise; Payment
        • Defendant knows Claimant is highly likely to rely on the advice {Smith v Bush}
          • Smith v Bush: The court held a surveyor can be held not liable if the property is of higher value or if it is to be used for investment or business purposes.
        • Additionally: Assumption of responsibility {Merritt Syndicates}
      • Just, Fair and Reasonable {Hill v Chief Constable of West Yorks}
    • Breach
      • THE STANDARD {BLYTHE V BIRMINGHAM WATERWORKS}
        • USE BOLAM TEST FOR EXPERTS
          • BRIEF USE OF RISK FACTORS
        • BRIEF USE OF RISK FACTORS
    • Causation
      • 'But For' Test
      • Remoteness Test

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