Explain and illustrate the law of negligent misstatement.

The 'boom and bust' years of the 1980s were associated with the growth of the property and financial markets and this in turn led to an increase in the amount of litigation involving professionals such as surveyors and accountants.

Grade: A-C | £3.99.

The essay starts with an account of the origins of the tort.  The work quickly moves on to deal at some length with the case of Candler v Crane, Christmas & Co ( 1951) which followed the principles of Derry v Peek (1889) and makes reference to the views held by Lord Denning.

The development of the tort by the ruling in the famous case of Hedley Byrne v Heller & Partners Ltd (1964) is also explained including the question of what amounts to a 'special relationship'.

The relevant and material cases are dealt with in context and these include:

  • Howard Marine and Dredging Co Ltd v A Ogden & Sons (Excavations) Ltd (1978);
  • Chaudhry v Prabhakar (1988);
  • Yianni v Edwin Evans & Sons (1982);
  • Caparo v Dickman (1990) and the 'three-fold test';
  • Mutual Life & Citizens Assurance v Evatt (1971);
  • JEB Fasteners v Mark Bloom & Co (1983);
  • Anns v Merton Borough Council (1978);
  • James McNaughton Paper Group Ltd v Hicks Anderson & Co (1991) and others.

The essay concludes by mentioning developments and some of the inconsistencies which have made this a difficult area of the law.

As always the work may be adapted to suit your particular requirements.

 

(Word Count 2121)

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