Negligent Misstatement
- 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}
- Forseeability of some loss {Kent v Griffiths}
- Breach
- THE STANDARD {BLYTHE V BIRMINGHAM WATERWORKS}
- USE BOLAM TEST FOR EXPERTS
- BRIEF USE OF RISK FACTORS
- BRIEF USE OF RISK FACTORS
- USE BOLAM TEST FOR EXPERTS
- THE STANDARD {BLYTHE V BIRMINGHAM WATERWORKS}
- Causation
- 'But For' Test
- Remoteness Test
- Types of Economic Loss
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