Then liability can arise of it has been established that the breach of duty caused the loss. The case that will support this is Barnett v Chelsea and Kensington Hospital (1969) in which a widow sued the hospital for negligence after her husband died having attended the hospital in the evening and been sent home by a doctor without being examined. The hospital did owe a duty of care to examine the man. However, the man had been poisoned with arsenic and even if he had been diagnosed correctly and treated he would have died anyway. This …show more content…
A similar case is the Chaudhary v Prabhakar (1989) 1 WLR 29 where the claimant relied upon the defendant’s statement that the vehicle was perfect, but the car was unroadworthy due to previous accident. The court of appeal held that there was a duty of care owed as the defendant knew the claimant relied on his claim. But this case contradicted the Hedley Byrne as it suggested that duty could arise where advice sought or given in business