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
