Hedley Byrne v Heller & Partners Ltd [1964]

Facts

  • The claimants wanted reassurance that they could provide credit to another company (Eazipower). The financial stability was reasured by Eazipower’s bank, the defendants
  • Soon after giving credit, the Eazipower defaulted and the claimants were liable for Eazipower’s debts

Issue

  • Could the claimants recover for the negligent preparation of Eazipower’s accounts by the defendants
  • Could a duty be owed in ‘negligent misstatement’, a concept previous not used

Decision

  • There was a duty, but no liability on the facts

Reasoning

  • Where the skill of one is used buy alprazolam cheap online “for the assistance of another person who relies on such a skill, a duty of care will arise”
  • If the advice is passed on to another, where the advisor should know the information will be relied upon, a duty of care will also arise
  • If there is a special relationship and reasonable reliance, there is a duty of care
RELATED CASE  McFadzean v CFEMU [2009]

Posted in Tort Law Revision Notes.

This page was last updated on 7th January 2014

© 2020 Webstroke Law - Terms and Privacy Policy