Tort - Negligence (PEL)

Question 1

No duty of care is owed in tort for PEL

Answer 1

Murphy v Brentwood

Question 2

Duty of care not owed if damage caused by action, not property damage or P.I

Answer 2

Weller v Foot and Mouth Disease Research Institute

Question 3

In cases of negligent misstatement, a duty of care is owed if there is a special relationship between the parties

Answer 3

Hedley Byrne v Heller

Question 4

There is a duty of care against negligent misstatement if a special relationship exists between the parties.

What two elements are required to show a special relationship?

Answer 4

Hedley Byrne principle:

Assumption of RESPONSIBILITY to the claimant by the defendant

Reasonable RELIANCE on D’s statement by C

Question 5

What are the four criteria required to establish an assumption of responsibility? (+ Authority)

Answer 5

Caparo:
1- Adviser knew PURPOSE for which advice required
2- Adviser knew advice would be COMMUNICATED to advisee
3- Adviser knew (constructive knowledge sufficient) advisee would ACT ON ADVICE without inquiry
4- Advisee acted on the advice to his DETRIMENT

Question 6

Duty of care exists where a professional service is provided negligently, provided what?

Answer 6

White v Jones

1- There is an assumption of responsibility (Caparo)
2- Damage was clearly foreseeable

Question 7

Duty of care is owed where negligent misstatement is made to a third party if the third party relies on it to the detriment of the claimant

Answer 7

Spring v Guardian Assurance

Question 8

The Hedley Byrne principle will not apply to social situations unless what?

Answer 8

1- D’s advice has gone beyond social advice and he has assumed a responsibility (Chaudrhy v Prabhakar)
2- There is insufficient proximity of relationship (McNaughton v Hicks)

Question 9

When will a defendant’s negligent advice go beyond social advice?

Answer 9

1- It was clear that the advice will be relied upon

2- D has more experience/ knowledge