Henderson v Merrett Syndicates Ltd [1995]

Facts

  • Claims for negligent management of investment fund, where Henderson was a ‘name’ (an investor) and Merrett was an underwriting agent

Issue

  • Could there be indirect liability to investors from the underwriting agents, to whom the investors had no contractual relationship

Decision

  • Claims allowed

Reasoning

  • Tortious duties may arise under contracts
  • It is not necessary to pinpoint the exact statement in a negligent misstatement claim, if overall responsibility exists

Citation

[1995] 2 AC 145

RELATED CASE  Innes v Wylie [1844]

Posted in Tort Law Revision Notes.

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