2023년 1월 31일 화요일

What is the legal standard in Hedley Byrne case regarding negligent misstatements in English tort law?

The legal standard in the Hedley Byrne case is that a duty of care can arise in the tort of negligence where a defendant makes a statement of fact, and the plaintiff relies on it to their detriment. This is known as the Hedley Byrne principle. The principle has been applied in a number of cases, but the basic elements of a Hedley Byrne claim are: (1) the defendant must have made a statement of fact; (2) the plaintiff must have relied on that statement; (3) the defendant must have known that the plaintiff would rely on the statement; and (4) the plaintiff must have suffered a loss as a result of the reliance.

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