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Liability for Negligent Misstatements

Liability for Negligent Misstatements
Author: Christian A. Witting
Publisher:
Total Pages: 0
Release: 2004
Genre: Law
ISBN: 9780199250103

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This new book is the first comprehensive and integrated account of the law on liability for negligent misstatements. Designed as a comprehensive guide for practitioners, it outlines the essential issues that must be considered in determining whether a client will have a cause of action fornegligent misstatement. It will also discuss in detail those issues that are likely to prove most contentious.In England, liability for negligent misstatements provides the most important form of tortious redress for financial losses. The examination of this complex law takes place at a number of levels.First, the book attempts to unravel the 'three-stage test' which provides the conceptual framework within which duties of care are analysed in tort. An account of the function of each stage of the test is offered. Second, the book defines what constitutes 'physical damage' and 'pure economic loss'and examines the major ways in which the latter kind of loss arises. Third, the book outlines the elements of liability in physical damage and pure economic loss cases. The treatment of liability by negligent misstatements is completed with a full discussion of breach, causation, and the defences.


The Law of Misstatements

The Law of Misstatements
Author:
Publisher:
Total Pages: 369
Release: 2015
Genre:
ISBN: 9781782257981

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"2013 was the 50th anniversary of the House of Lords' landmark decision in Hedley Byrne v Heller. This international collection of essays brings together leading experts from five of the most important jurisdictions in which the case has been received (the United Kingdom, the United States, New Zealand, Canada and Australia) to reappraise its implications from a number of complementary perspectives - historical, theoretical, conceptual, doctrinal and comparative. It explores modern developments in the law of misstatement in each of the jurisdictions; examines the case's profound effects on the conceptual apparatus of the law of negligence more generally; explores the intersections between misstatement liabilities in contract, tort, equity and under statutory consumer protection provisions and critically assesses the ways in which advisor liabilities have come to be limited and distributed under systems of 'joint and several' and 'proportionate' liability respectively. Inspired by Hedley Byrne, the purpose of the collection is to reflect on the case's echoes, effects and analogues throughout the private law and to provide a platform for thinking about the ways in which liabilities for misstatement and pure economic loss should be modelled in the modern day."--Bloomsbury Publishing.


Economic Negligence

Economic Negligence
Author: Jay M. Feinman
Publisher: Aspen Publishers
Total Pages: 808
Release: 1995
Genre: Commercial law
ISBN:

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Liability for Negligent Words

Liability for Negligent Words
Author: Barbara Ann Hocking
Publisher:
Total Pages: 264
Release: 1999
Genre: Law
ISBN: 9781862872974

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This book is written with the aim of exploring the law of negligence in the context of words. Divided into fourteen chapters, it includes an overview of legal approaches to words followed by the significance of the House of Lords decision in Hedley Byrne as the basis of the action for negligent misstatement. A compendium of professional liability situations involving modern forms of informational injury follows. This includes the obligations of lawyers, doctors, lenders and public authorities under negligent misstatement principles. Negligent words and communication of news are also addressed, including compensation for nervous shock. A final chapter is devoted to possible future uses of the law. The law of negligence is increasingly imposing a duty of care upon professional parties. This book traces the expansion of the recognition of negligence liability where words are the source of the harm into contemporary situations of informational harm.


Economic Negligence

Economic Negligence
Author: Bruce P. Feldthusen
Publisher:
Total Pages: 376
Release: 1989
Genre: Law
ISBN:

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So V HSBC

So V HSBC
Author: Marcus Roberts (LLM.)
Publisher:
Total Pages: 174
Release: 2011
Genre: Negligence
ISBN:

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Justifying Liability to Third Parties for Negligent Misstatements

Justifying Liability to Third Parties for Negligent Misstatements
Author: Christian Witting
Publisher:
Total Pages:
Release: 2010
Genre:
ISBN:

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The courts have experienced difficulty in justifying the imposition of liability to third parties for negligent misstatements. The justifications ordinarily invoked relate to notions of assumption of responsibility and detrimental reliance. These can be seen, in turn, to rest upon a normative framework of give and take (or quot;mutualityquot;) between statement makers and third party recipients. This article challenges the cogency of that normative framework and offers an alternative based upon the remedial nature of tort, which has traditionally focused upon the particular interactions by which wrongdoers have caused harm to others. The most important indicators of liability to third parties relate, in turn, to normatively significant features of the causal sequence between acting and the infliction of harm. These indicators, it is submitted, are (i) actual knowledge of the likelihood of harm if care is not taken and (ii) the tightness of the causal connection.