Negligent Misstatement in UK Law

Leading Cases
  • 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.

  • Smith v Eric S Bush
    • House of Lords
    • 20 Abr 1989

  • Caparo Industries Plc v Dickman
    • House of Lords
    • 08 Feb 1990

    What emerges is that, in addition to the foreseeability of damage, necessary ingredients in any situation giving rise to a duty of care are that there should exist between the party owing the duty and the party to whom it is owed a relationship characterised by the law as one of "proximity" or "neighbourhood" and that the situation should be one in which the court considers it fair, just and reasonable that the law should impose a duty of a given scope upon the one party for the benefit of the other.

  • White and Another v Jones and Another
    • House of Lords
    • 16 Feb 1995

    Second, since this House was concerned with cases of negligent misstatement or advice, it was inevitable that any test laid down required both that the plaintiff should rely on the statement or advice and that the defendant could reasonably foresee that he would do so.

  • Esso Petroleum Company Ltd v Mardon
    • Court of Appeal
    • 06 Feb 1976

    It seems to me that Hedley Byrne, properly understood, covers this particular proposition: If a man, who has or professes to have special knowledge or skill, makes a representation by virtue thereof to another – be it advice, information or opinion – with the intention of inducing him to enter into a contract with him, he is under a duty to use reasonable care to see that the representation is correct, and that the advice, information or opinion is reliable.

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Books & Journal Articles
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Law Firm Commentaries
  • The limits of negligent misstatement
    • JD Supra United Kingdom
    The house always wins - except, it seems, at the Court of Appeal. The appellant bank did not owe a duty of care to Playboy Club's casino for a negligent misstatement as to a gambler's creditworthin...
  • Good News for Agents, but be Aware
    • JD Supra United Kingdom
    Introduction - In Torre Asset Funding Ltd v Royal Bank of Scotland Plc [2013] EWHC 2670 (Ch), the claimant (“Torre”) was a lender in a financing structure which included supe...
  • Pensions Ombudsman Round-Up January 2020
    • Mondaq UK
    ...... is brought to TPO, it will usually consider two legal concepts: negligent misstatement and estoppel. TPO will also consider whether there has been ......
  • How Can An Employer Give An Opinionated Reference?
    • Mondaq UK
    ...... the former employee may have a claim against the ex-employer for negligent misstatement. The High Court has ruled on how far the employer's duty ......
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