Negligent Misstatement

Question 1

Hedley Byrne v Heller

Answer 1

Statement must be made negligently and must be a special relationship between the parties

Question 2

Caparo v Dickman

Answer 2

1-person giving advice must have skip relating to advice so realise they would rely on the advice
2-party receiving advice must act in reliance & it be reasonable to do so
3-advice must be communicated directly not through third party
4-person giving advice understood their advice would be relied on
5-defendant not liable for statements made informally/ social situation

Question 3

Mutual life v Evatt

Answer 3

Defendant liable if have profession in area of the advice

Question 4

Jeb Fasteners v Marks

Answer 4

Not liable if claimant doesn’t rely on advice

Question 5

Chaudry v Prabhaker

Answer 5

Defendant liable as possess relevant expertise even in social setting