Negligent Misrepresentation in UK Law

Leading Cases
  • Smith New Court Securities Ltd v Scrimgeour Vickers (Asset Management) Ltd and Another
    • House of Lords
    • 21 November 1996

    In many cases, even in deceit, it will be appropriate to value the asset acquired as at the transaction date if that truly reflects the value of what the plaintiff has obtained. In many cases, even in deceit, it will be appropriate to value the asset acquired as at the transaction date if that truly reflects the value of what the plaintiff has obtained.

  • Laws and Others and The Society of Lloyds
    • Court of Appeal (Civil Division)
    • 19 December 2003

    That balancing exercise was very much a matter for the judge and, in our view, this court should not interfere with his conclusion unless he erred in principle or was plainly wrong. We should not simply substitute our view for his, even if we would have reached a different conclusion if sitting at first instance.

  • HIH Casualty and General Insurance Ltd v Chase Manhattan Bank and Others
    • House of Lords
    • 20 February 2003

    But, as the insurers in argument fully recognised, Lord Morton was giving helpful guidance on the proper approach to interpretation and not laying down a code. The passage does not provide a litmus test which, applied to the terms of the contract, yields a certain and predictable result.

  • Hedley Byrne & Company Ltd v Heller & Partners Ltd
    • House of Lords
    • 28 May 1963

    I therefore turn to the authorities to see what more is required. The most natural requirement would be that expressly or by implication from the circumstances the speaker or writer has undertaken some responsibility, and that appears to me not to conflict with any authority which is binding on this House. Where there is a contract there is no difficulty as regards the contracting parties: the question is whether there is a warranty.

    Furthermore, if in a sphere in which a person is so placed that others could reasonably rely upon his judgment or his skill or upon his ability to make careful inquiry, a person takes it upon himself to give information or advice to, or allows his information or advice to be passed on to, another person who, as he knows or should know, will place reliance upon it, then a duty of care will arise.

  • Esso Petroleum Company Ltd v Mardon
    • Court of Appeal (Civil Division)
    • 06 February 1976

    He is only to be compensated for having been induced to enter into a contract which turned out to be disastrous for him. Whether it be called breach of warranty or negligent misrepresentation, its effect was not to warrant the throughput, but only to induce him to enter into the contract. So the damages in either case are to be measured by the loss he suffered.

  • Cordoba Shipping Company Ltd v National State Bank, Elizabeth, New Jersey (Albaforth)
    • Court of Appeal (Civil Division)
    • 29 March 1984

    If the substance of an alleged tort is committed within a certain jurisdiction, it is not easy to imagine what other facts could displace the conclusion that the courts of that jurisdiction are the natural forum.

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Legislation
  • The Consumer Protection (Amendment) Regulations 2014
    • UK Non-devolved
    • January 01, 2014
    ... ... 5. In section 2 of the Misrepresentation Act 1967( ...  16 ) (damages for misrepresentation), after subsection ...  19 ) (negligent misrepresentation), after subsection (2) insert- ... "(3) This section ... ...
  • Law Reform (Miscellaneous Provisions) (Scotland) Act 1985
    • UK Non-devolved
    • January 01, 1985
    ... ... 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2 ... 10: Negligent misrepresentation ... (1) A party to a contract who has been induced to ... ...
  • The Land Registration (Network Access) Rules 2008
    • UK Non-devolved
    • January 01, 2008
    ... ... (i) the intentional, reckless or negligent misuse of the land registry network by the Subscriber, ... (ii) breach ... (iv) any misrepresentation by the Subscriber as to the Subscriber’s identity, ... except to the ... ...
  • Charitable Trusts Act 1853
    • UK Non-devolved
    • January 01, 1853
    ... ... have been guilty of any Fraud or wilful Concealment or Misrepresentation in obtaining such Opinion or Advice. S-XVII ... Notice of legal ... or Schoolmistress or other Officer of any Charity has been negligent in performing his or her Duties, or that he or she is unfit or incompetent ... ...
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Books & Journal Articles
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