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

    But in cases where property has been acquired in reliance on a fraudulent misrepresentation there are likely to be many cases where the general rule has to be departed from in order to give adequate compensation for the wrong done to the plaintiff, in particular where the fraud continues to influence the conduct of the plaintiff after the transaction is complete or where the result of the transaction induced by fraud is to lock the plaintiff into continuing to hold the asset acquired. But in cases where property has been acquired in reliance on a fraudulent misrepresentation there are likely to be many cases where the general rule has to be departed from in order to give adequate compensation for the wrong done to the plaintiff, in particular where the fraud continues to influence the conduct of the plaintiff after the transaction is complete or where the result of the transaction induced by fraud is to lock the plaintiff into continuing to hold the asset acquired.

  • 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.

  • 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.

  • 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
  • Law Reform (Miscellaneous Provisions) (Scotland) Act 1985
    • UK Non-devolved
    • January 01, 1985
    ......that subsection. S-10 . Negligent misrepresentation. 10 Negligent misrepresentation. . (1) A party to a ......
  • 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 of ... (iv) any misrepresentation by the Subscriber as to the Subscriber’s identity, . except to the ......
  • Dublin Carriage Act 1853
    • UK Non-devolved
    • January 01, 1853
    ...... to such Application wilfully or knowingly make any Misrepresentation with the Intention of deceiving the said Commissioners, each and every ... . . Section 23.—To prevent negligent. or wilful Misbehaviour of Drivers. of Carriages in the Streets or. ......
  • Marine Mutiny Act 1878
    • UK Non-devolved
    • January 01, 1878
    ...... fraudulent enlistment, or by reason of any fraudulent misrepresentation or concealment on his part: . Any loss, disposal of, or damage occasioned ... injury to any property whatsoever, occasioned by his wilful or negligent misconduct: . Any loss, disposal of, or destruction of, or damage or ......
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Books & Journal Articles
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Forms
  • Chapter EIM30265
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... employer (or the person making the expenses payments) has been negligent in operating an approval notice, has misrepresented the facts when ...Where it is apparent that negligence or misrepresentation has taken place and expenses were paid or reimbursed under an approval ......
  • Chapter EIM30095
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... person making expenses payments or providing benefits) has been negligent in operating a dispensation, or has misrepresented the facts, when ...Where it is apparent that negligence or misrepresentation has taken place and expenses and benefits were provided under a ......
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