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NEGLIGENT MISSTATEMENTS; DECEIT CONTENTS Negligent misstatements............................................................1 Deceit......................................................................................7 ?OBJECTIVES ? By the end of this chapter you should be open to: ?appreciate the evolution of the practice of law regarding liability for heedless misstatements ? enter a particular knowledge of the significance of the decision in HEDLEY BYRNE v HELLER and of the ?special relationship which was established in that miscue ? shell out the current scope of liability for lax misstatement in the light of the case of CAPARO (and its successors) and the line of cases following the precedent of ROSS v CAUNTERS ?demonstrate a knowledge of the tort of deceit and the main ingredients of that tort. Chapter 10 TORT NEGLIGENT MISSTATEMENTS; DECEIT NEGLIGENT MISSTATEMENTS INTRODUCTION A negligent misstatement is defined as a statement issued carelessly by the defendant which is relied upon by the claimant to his detriment. For such a statement to be actionable it must usually cause physical constipation or personal injury. When it leads to pure economic loss, liability is restricted.

Generally, the law of negligence has developed more slowly and cautiously in respect of liability for negligent statements than it has in respect of negligent acts for two main reasons: P people are slackly less careful in what they say than in what they do, in particular when expressing opinions on social or informal occasions sort of than in their business or professional capacity and P in the words of Lord Pearce in HEDLEY BYRNE (below): ?...words are more volatilizable than deeds, they travel fast and far a field, they are apply without being expended. Think Point 1 Can words be easily distinguished from deeds? Is the distinction in footing of effect a valid one? SEMPLE PIGGOT ROCHEZ 1 Chter 10 THE POSITION onwards 1963 In DERRY v... If you want to get a full essay, site it on our website: Ordercustompaper.com

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