#misstatements

It was long accepted that negligent or unintentional statements, however inaccurate or misleading, could not provide the basis for an action to recover financial loss caused by reliance on that statement [Candler v Crane Christmas & Co]. 

THEN --> Hedley Byrne v Heller - liability for negligent misstatement which causes economic loss where:

The relationship will exist if one party exercises skill and judgement and the other party acts in reliance of this skill and judgement.

The person making the statement must possess skill in relation to the particular statement that is made and should realise that the other party will act in reliance upon the statement.

The party to whom the statement is made must have acted in reliance with that statement in circumstances where it was reasonable for him to rely upon the statement.

The special relationship in Hedley Byrne v Heller can also be found in:

An environmental health inspector and the owners of a guest house [Walton v North Cornwall District Council]

A bank clerk advising on a mortgage [Cornish v Midland Bank plc]

a friend (holding himself out as having some knowledge about cars) purchasing a car on his friend’s behalf [Chaudry v Prabhakar]

Henderson v Merrett Syndicates = the foundation of DoC in Hedley Byrne was the assumption of responsibility by the defendant to the claimant. If this was established, then it is fair, just and reasonable to impose a duty of care.

Liability to third parties

Manafort says any misstatements ‘unintentional’: court filing

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FILE PHOTO: President Trump’s former campaign chairman Paul Manafort departs U.S. District Court after a motions hearing in Alexandria, Virginia, U.S., May 4, 2018. REUTERS/Jonathan Ernst/File Photo

(Reuters) – Any “misstatements” made by U.S. President Donald Trump’s former campaign chairman Paul Manafort during his cooperation with federal prosecutors were “unintentional” and he…

Spicer Book Offers Insight On Conservative Politics, Doubles Down On Misstatements : NPR

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The Briefing, a memoir by Sean Spicer, former press secretary for President Trump, hits shelves Tuesday.

Eslah Attar/NPR

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Eslah Attar/NPR

The Briefing, a memoir by Sean Spicer, former press secretary for President Trump, hits…