NEGLIGENCE- negligent misstatement

Question 1

what is the leading case for medical misstatement?

Answer 1

hedley byrne v heller and partners ltd

Question 2

what is neg statement?

Answer 2

acception to pure economic loss-statement made in certain capacity make c available to sue

Question 3

principles of neg state?

Answer 3

all c has lost is finicial meaning out of pocket, d dont have to be qualified professional

Question 4

what do you first have to do with negligent statement?

Answer 4

prove negligence- duty, breach,damage

Question 5

what is the important part of negligence for negligent statement?

Answer 5

duty

Question 6

what is the special equivalent of duty in negligent statement?

Answer 6

SPECIAL RELATIONSHIP

Question 7

what is the acronym for special relationship?

Answer 7

SKRV

Question 8

what happens if cant prove any in special relationship?

Answer 8

cant sue

Question 9

what does s stand for?

Answer 9

d must have special skill/knowledge- dont need to be professional just need to ‘profess’

Question 10

what does k stand for?

Answer 10

d must know that c is reliant- ok to give advice

Question 11

what does r stand for?

Answer 11

c’s reliance must be reasonable- didnt say that advice bad & proceed

Question 12

what does v stand for?

Answer 12

voluntary assumption of responsibility towards c -statement like disclaimer save d- evidence to show d happy to give advice

Question 13

case for s?

Answer 13

chaudry v prabhaker

Question 14

case for k?

Answer 14

smith v eric s bush

Question 15

case for r?

Answer 15

caparo industries v dickman/

Question 16

case for v?

Answer 16

spring v guardian assurance/ hedley byrne v heller &partners ltd

Question 17

success for all cases?

Answer 17

chaudry v prabhaker

smith v eric s bush

Question 18

where is advice normally given for special skill?

Answer 18

in a professional capacity-/cirmcumstances where d would expect c to rely therefore at a party wouldnt work.

Question 19

requirements for d’s knowledge?

Answer 19

info will go to c (directly/indirectly)
likely that c will rely on info
purpose/s c may use info for

Question 20

when would it not be reasonable to rely on advice?

Answer 20

given informally or on social occasion

Question 21

when is a disclaimer valid?

Answer 21

only if it were reasonable

Question 22

case for use of disclaimer?

Answer 22

harris v wyre forest dc

Question 23

breach still done in?

Answer 23

normal way but need to show r.m.t bad advice but could have given better advice + factors

Question 24

damage still done in?

Answer 24

normal -ds advice needs to be cause of loss