Negligent Misstatement

Question 1

Derry v Peek

Answer 1

Originally claims could only be made if D had acted fraudulently

Question 2

Candler v Crane Christmas

Answer 2

Lord Denning’s dissenting judgement, he felt there should be a duty of care owed to investors

Question 3

What are the Hedley Byrne criteria

Answer 3

1-special relationship
2-special skill
3-acted in reliance
4- added by Caparo, specific purpose has been communicated

Question 4

Special relationship - Howard Marine

Answer 4

Wanted to hire 2 barges, D lied about how big the barges were so it took more time and cost more.

Question 5

Special relationship - Chaudry v Prabhaker

Answer 5

A social relationship can be a special one if they pretend to have a special skill

Question 6

Possession of specialist skill - Mutual life

Answer 6

Insurance company do not owe a duty in giving investment advice

Question 7

Reasonable reliance - goodwill v BPAS

Answer 7

Can’t peer a duty of care if pool of claimants is too large

Question 8

Surveyors?

Answer 8

Yianni, Surveyors generally owe a duty of care

Question 9

White v Jones

Answer 9

House of Lords was prepared to identify a special relationship despite the relationship being between the deceased and the solicitor, not the daughters and the solicitor

Question 10

Cox v sun alliance

Answer 10

Cannot give a bad reference without proof of accusations