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It examines the Misrepresentation Act 1967 and addresses the extent of damages available under s 2(1) for negligent misrepresentation. The court controversially decided that under the Act, the appropriate measure of damages was the same as that for common law fraud, or damages for all losses flowing from a misrepresentation, even if unforeseeable.
The leading case in English law is Derry v.Peek, [2] which was decided before the development of the law on negligent misstatement. In Hedley Byrne & Co Ltd v.Heller & Partners Ltd it was decided that people who make statements which they ought to have known were untrue because they were negligent, can in some circumstances, to restricted groups of claimants be liable to make compensation for ...
It held that a non-fraudulent misrepresentation gave no right to damages. This was decided decades before Hedley Byrne v Heller, where damages for negligent misrepresentation were introduced in English law, and, thus, it would today be regarded as wrongly decided under the tort of negligent misrepresentation.
Negligent misstatement is not strictly part of the law of misrepresentation, but is a tort based upon the 1964 obiter dicta in Hedley Byrne v Heller [72] where the House of Lords found that a negligently-made statement (if relied upon) could be actionable provided a "special relationship" existed between the parties.
It has in the past included in its mission the goal of preventing "fraud, deception, and unfair business practices in the marketplace". [6] It does so by "collecting reports from consumers and conducting investigations, suing companies and people that break the law, developing rules to maintain a fair marketplace, and educating consumers and ...
This story was updated at 6:50 p.m. The case of a DEA agent accused of striking and killing a cyclist while driving on-duty will no longer be heard locally and will instead be tried in federal ...
(The Center Square) – Gun owners in Ohio won’t have to worry about firearm purchases being tracked by financial institutions or having to carry liability insurance. Senate Bill 58, one of a ...
Fussner, of Milton, Florida, was confronted by Yellowstone law enforcement rangers early the next morning July 4 while allegedly shooting a semi-automatic rifle toward a dining facility at Canyon ...