AT FAULT MISSTATEMENT
Main concern: Is the G likely to succeed in an action underneath the tort of negligence misstatement against the M? Sub-issue 1 ) 1: Responsibility of Care (NO THIRD PARTY)
The tort of at fault misstatement was effectively founded since the case of (Hedley Byrne sixth is v Heller). Law stipulates that there must be a special relationship (an extension of " neighbour principle” established in Donoghue v Stevenson) for among P and D for the DOC to increase in the atteinte of negligent misstatement: (L Shaddock v Parramatta Town Council): * The subject matter was/was not really serious because…
* (Constructive knowledge) The G does as well as doesn't realize that he/she will be relied upon, verified by… * (Reasonable reliance) The P act on the advice in reasonable as well as unreasonable circumstance (it was not reasonable for the S to solely rely on the info prepared, and it would have already been appropriate to find extra guidance: MLC versus Evatt); (effect of palinode: (Hedley Byrne v Heller) justified by… Where the dependence is not really reasonable: (Ta Ho Ma v Allen) and (Tepko v Drinking water Board). 5. The Deb must know that he/she will be trusted by simply P because… During the pre-contractual negotiations, specialist advisers (lawyers, accountants and engineers) are obligated to pay a duty to take reasonable proper care in rendering service to its clients in both contract and atteinte: (Esso Petroleum v Mardon). Sub-issue 1 . 2: Responsibility of Proper care (WITH 3 RD PARTY)
Law stipulates that when it comes to 3rd party, a DOC must arise (Esanda v PMH); (R Lowe Lippmann versus AGC) where there are: 5. A clear presumption of responsibility by M.
5. A reasonable reliability by the G
* A direct request of advice via P to D (L Shaddock v Parramatta City Council) *whether P and D has been in contact
Simple knowledge by a defendant which the advice as well as information will be communicated for the P is not enough. *(Morgan Crucible v Hill Samuel Bank): DOCTOR owed when 1) the P is known; 2) G makes express representation with a view to...