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2 results

  • THE UNEXPLORED CONTRACT AND INSOLVENCY LAW DIMENSIONS OF HEDLEY BYRNE V HELLER

  • David Campbell, David Milman
  • Journal:
    The Cambridge Law Journal / Volume 82 / Issue 1 / March 2023
    Published online by Cambridge University Press:
    26 April 2023, pp. 58-82
    Print publication:
    March 2023
    • Article
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  • It has been argued in previous work that Hedley Byrne v Heller addressed no actual mischief. In the case itself, the defendant's credit reference about Easipower Ltd. was neither a misstatement nor negligently given, and in general the indemnification of reliance on negligent statements is far better regulated by contract than it can possibly be by negligent misstatement. This paper expands on the significance of contract relative to tort in Hedley Byrne, but mainly argues that the mischief perceived by the claimant was caused by the operation of the statutory regime regulating Easipower's insolvency. This makes regarding Hedley Byrne as a necessary response to “the privity of contract fallacy” even more implausible.

  • 4 - Duty III – Pure Economic Loss

  • from Part I - Negligence
  • Rachael Mulheron, Queen Mary University of London
  • Book:
    Principles of Tort Law
    Published online:
    03 October 2020
    Print publication:
    22 October 2020, pp 167-214

  • Summary

    Liability for negligently-inflicted financial losses is both complex and challenging. This is due, in part, to the reluctance of English appellate courts to settle upon any one test by which to establish whether D owed C a duty of care to avoid the pure economic loss which C suffered.