Negligent Misstatement Flashcards
1
Q
FASTNERS V MARKS
A
Was there sufficient proximity between the parties for there be reasonable reliance on the advice.
2
Q
CHAUDHRY V PRABHAKER
A
There will be no laibility for statements made informally or in a social situation.
3
Q
CAPARO V DICKMAN
A
- Not liable for statements made informally or social situation.
- The person giving the advice understood that their advice would be relied upon.
- The advice must be communicated directly, not through e.g. radio
- The party receiving that advice has acted in reliance on it.
- The person giving the advice must possess special skill relating to the advice given.
4
Q
MUTUA LIFE V EVATT
A
A duty only arose when the D was in the business of giving that type of advice.
5
Q
HEDLEY BYRNE V HELLER
A
- The statement was made negligently
2. There is special relationship between the parties
