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9 Cards in this Set
- Front
- Back
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Candler v Crane, Christmas & Co |
Defendants prepared accounts of company knowing that figured would be relied upon in deciding whether to invest in the company. No duty. Liability for a careless statement could only arise when maker of the statement had a contractual/ fiduciary relationship. |
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Hedley Byrne v Hellar |
Advertising agents who wanted to know if they could give credit to easy power. Defendants gave positive credit reference. Claim failed as defendants had disclaimed any liability. However, if not for the disclaimer there could have been a duty. |
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Customs & Excise Commissioners v Barclays Bank |
Customs officials seeking to recover outstanding tax payments had ordered freezing orders. Bank inadvertently let funds be withdrawn. Claim denied. Bank had no choice but to comply with the freezing order so could not have assumed liability. |
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Caparo Industries v Dickman |
Claim by third parties who relied on company audit to buy shares. Audit had been negligently prepared and money was lost. Claim failed as the purpose of the statutory requirement of an audit was for shareholders to exercise control not for purchasers to make profit.
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Trevor Ivory v Anderson |
Company client made a contract with Trevor Ivory Ltd. No assumption of personal responsibility for Mr Ivory. Avoids imposing liability on one man. |
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Williams v Natural Life Health Foods |
Claimants purchased a franchise and lost their money as financial information ad been prepared negligently. No duty. Director could only owe duty if he had assumed responsibility to company client. |
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Chaudhury v Prabhakar |
D was asked by a friend to advise hi about the purchase of a used car. Exception to rule regarding social setting as it was obvious that the statement was going to be relied upon. |
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Smith v Eric S Bush |
Negligent surveyors report led to P purchasing a house. Report, which was not given to P, but his building society. HL found that there was a relationship between valuer and purchaser which was close. P had paid for the survey and it was foreseeable, reasonable and fair for him to rely on it. |
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Spring v Guardian Assurance plc |
P was subject of a negligently composes reference which damaged his job prospects. HL held that there was a duty of care based on an assumption of responsibility by D and a close proximate relationship between the parties. |
