Negligent misstatement Flashcards
1
Q
Types
A
-Consequential meaning there was a loss due to physical loss
-Pure economic loss is loss of pure finance or profit
2
Q
Negligent misstatement
A
The claimant can only claim economic loss if they suffer loss as a consequence of a statement made negligently(Hedley Byrne)
3
Q
Special relationship
A
the D must be aware that the C is using their advice as well as there being proximity between the parties (Caparo v Dickman)
4
Q
Special skill
A
The D must have a special skill, which they gave advice in
5
Q
Relies
A
The C relies on this statement and must act upon the advice given by the D and that the D gave it in a reasonable setting
6
Q
Know
A
The D knows the C relies on the statement
7
Q
Disclaimer
A
The negligent misstatement must not come with a disclaimer of any sort
