Economic Loss (CASES (Line of business (Esso Petroleum V Mardon (1976),…
Derry V Peek
Sutradhar V National Environment Research Council (2006)
Line of business
Esso Petroleum V Mardon (1976)
Spring V Guardian Assurance Plc (1995)
Mutual Life & Citizens Assurance Ltd V Evatt (1971)
Chaudbury V Prabhaker (1989)
Supply of information
Smith V Eric Bush (1990)
Caparo V Dickman (1990)
James McNaughton V Hicks Anderson (1991)
Reliance by third party
Spring V Guardian Assurance Ltd (1995)
MCKie V Swindon College (2011)
Hedley Byrne & Co V Heller & Partners Ltd (1964)
An innocent but negligent misrepresentation gives no cause of action. There must be something more than a mere misstatement
Expands on Lord Haldlanes judgement in Robinson V National Bank of Scotland who mentions that beyond a fiduciary duty there may be other special relationships.
I can see no logical stopping place short of all those relationships where it is plain that the party seeking information or advice was trusting the other to excercise such degree of care as the circumstances required where it was reasonable for him to do that, and where hte other gave the information or advice when he knew or ought to have known that the inquirer was relying on him.
If in a sphere in whic ha person is so placed that other others could reasonably rely on his skill, a person who takes it on himself to give infromation or advise to another person who he knows or should know will place reliance upon it, then a duty of care will arise.
The catergories of special relationships which may give rise to a duty to take care in word as well as in deed include also relationships which are equivalent to a contract. That is where there is an assumption of responsibility in circumstances in which but for the absence of consideration, there would be a contract.
In cases of social relationships it may be material to consider whether the adviser is acting purely out of good nature or whether he is getting his reward in some indirect form.
Supply of services
Henderson V Merrett Syndicates Ltd (1995)
White V Jones (1995)
Williams V Naturual Life Health Foods Ltd (1998)
West Bromwitch Albion Football Club V El Safty (2006)