Negligent Misstatement

  • Created by: Sahar
  • Created on: 03-02-15 15:43

Negligent Misstatement

Hedley Byrne 

'Special relationship' between Claimant and defendant, written/verbal 

1- D possess a skill or expertise:

Lennon v MPC- police/clerk- can be non professional 

Chaudhry v Prabhaker- friend/car- can exist in social setting 

2- D assumes responsibility for his statement 

Hedley Byrne- disclaimer x

3- Known user

 Caparo v Dickman- D must know or should know the identity of person or group of people who would rely on statement Morgan 

Goodwill- D could not know who the advice would be passed onto 

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Negligent Misstatement

4- Known purpose Caparo v Dickman

Law society- D knew statement passed to third party 

5- Reasonable reliance 

Claimant shows this, Smith v Bush 

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