W.L Gore and Associates
Essay title: W.L Gore and Associates
NEGLIGENT MISSTATEMENTS; DECEIT
CONTENTS
•OBJECTIVES •
By the end of this chapter you should be able to:
•appreciate the evolution of the law regarding liability for
negligent misstatements
•show a particular knowledge of the significance of the
decision in HEDLEY BYRNE v HELLER and of the ‘special
relationship’ which was established in that case
•consider the current scope of liability for negligent
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 damage 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