PEL and negligent misstatement

Question 1

what was established in spartan steel/weller

Answer 1

the law doesn’t allow claims for PEL resulting from D’s physical acts or omissions

Question 1

what was established in Hedley Byrne

Answer 1

claims for PEL may be made in certain situations where there is a negligent misstatement

Question 2

how many elements are there to proof proximity

Answer 2

six

Question 3

element 1

Answer 3

D possess (or holds themselves out to possess) a special skill in relation to the statement

Question 4

case for element 1

Answer 4

Esso v mardon

Question 5

element 2

Answer 5

D knows (or ought to know) the purpose for which the advice is sought

Question 6

case for element 2

Answer 6

Caparo v dickman - D didn’t know the purpose

Question 7

element 3

Answer 7

D knows (or ought to know) that C is highly likely to rely on their statement

Question 8

case for element 3

Answer 8

Smith v bush

Question 9

element 4

Answer 9

if the party providing the advice voluntarily assumed responsibility for the advice, it indicates that there is a duty

Question 10

case for element 4

Answer 10

Henderson v merrett

Question 11

what was established in Hedley Byrne in element 4

Answer 11

a person has three choices
1) refuse to give advice
2) provide the advice with a disclaimer/warning
3) provide advice without disclaimer/warning

Question 12

element 5

Answer 12

C must rely on the defendants statement which then led to their detriment

Question 13

case for element 5

Answer 13

JEB v fasteners

Question 14

element 6

Answer 14

it must be reasonable for C to rely on the statement. Consider several factors

Question 15

using cases, what are the factors to consider on element 6

Answer 15

1) who was the advice given to?
Goodwill v BPAS
2) what was the context?
Chaudhry v prabhaker
3) what was actually said
4) should independent advice been sought
James v mcnaughton