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Tort question - negligent misstatement in the Tort of negligence
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- Words:
- 2055
- Submitted:
- Sun Mar 11 2007
... Tort question - negligent misstatement in the Tort of negligence a) Henry (C) has rights against Gordon (D) as far as C relied upon D as a professional, and D knew that C would rely on his expertise, as set out in Hedley Byrne v Heller (1964); whereby C was an advertising agency who had asked another firm; Easipower Ltd to buy advertising space on their behalf. The bank of Easipower; Heller said twice that they were respectable, but this was said with a disclaimer. The advertising agency then proceeded with a contract with Easipower. Easipower subsequently collapsed, and went into liquidation, which as a result left Hedley Byrne to pay for the advertising space. The House of Lords held that no duty of care was owed, due to there being no proximity. Also the disclaimer used prevented liability. The 5th limb of Hedley Byrne; the reasonably foreseeability test; 'did
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