There is no general duty of care in making statements, particularly in relation to statements on financial matters. The tort of negligent misstatement is defined as an inaccurate statement made honestly but carelessly usually in the form of advice given by a party with special skillknowledge to a party that doesnt possess this skill or knowledge willesee bill, law management 252, curtin handbook 2010. Law of negligence and negligent misstatements objectives. This claim arises if the party against whom the claim is brought made a statement which was considered to be negligent defendant and the party bringing the claim claimant relied on this statement to its detriment and suffered a loss as a result of this statement. Duty of care for negligent misstatement not confined to persons to whom it is actually made. Liability for negligent misstatements witting, christian on. The terms negligent misrepresentation and negligent misstatement are often confused. A negligent misstatement is only actionable in tort if there has been breach of a duty to take care in making the statement that has caused damage to the claimant.
Generally, an action for any form of misrepresentation is between contracting parties, whereas an action for negligent misstatement may be invoked whether or not a contractual relationship exists. Director responsible for companys negligence law report 18 january 1996. In that instance, not reading the warning label proved to be. Law of negligence and negligent misstatements school home.
Liability for tort, liability as affected by status, various kinds of torts, negligence and duties of insurance. Duty of care for negligent misstatement not confined to. Free tort law books download ebooks online textbooks. Auto suggestions are available once you type at least 3 letters. A negligent misstatement is a claim which is brought by one party against another at common law in tort.
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