PEL - Negligent misstatements, Profess Negligence

Question 0

Hospitality Group v ARU

Answer 0

Inducing a Breach of Contract

Valid, enforceable contract still on foot
Inductive/Procurive Conduct
Intention to bring about breach

Question 1

Derry v Peek

Answer 1

If someone knowingly or recklessly makes a statement, acts to detriment, action in deceit

Need knowledge/reckless with info

Question 2

Hedley v Byrne

Answer 2

Social v special relationship

Trust
Reasonable
Should have known

Question 3

Esanda v peat Marwick

Answer 3

Reasonably foreseeable that they will rely

Question 4

Bathurst Regional Council

Answer 4

Ratings agencies can be liable for neg misstatement

Question 5

Voli v Inglewood Shire Council

Answer 5

Professional negligence

Professionals owe a duty of care in tort as well as contracts to exercise reasonable care and skill!!!

Implied unless contractually disposed

Question 6

Hill v Van erp

Answer 6

Professional duty of care can be extended to third parties if sufficient proximity/control

Question 7

CLA 5O & 5P

Answer 7

Peer Professional Opinion