Unit 4b Prt 4: Economic Loss

Question 1

Skill and expertise

Answer 1

The D must have certain degree of expertise in the area he is giving the statement in (lennon v mpc)

Question 2

Assumed responsibility for statement

Answer 2

Must be proved that D had full voluntary control over whether the statement should be given and that he gave it (hedley Byrne v heller)

Question 3

Known user/purpose

Answer 3

Must be proved the D knew the exact person who was using the statement and what the statement was to be used for (caparo v dickman)

Question 4

C relied on statement

Answer 4

Must be proved that the claimant above all doubt relied on the statement given to him (smith v Eric bush)

Question 5

Pure loss?

Answer 5

Outlined in SPARTAN STEEL

Courts will take a restrictive approach and require a negligent misstatement (Hedley Byrne v Heller)