2023년 5월 17일 수요일

What is the tort of negligent misstatement under English law?

In English law, the tort of negligent misstatement is a legal claim that can be brought against someone who makes a false or misleading statement that causes another person to suffer loss. To succeed in a claim for negligent misstatement, the claimant must prove that: The defendant owed them a duty of care; The defendant breached that duty of care by making a false or misleading statement; The claimant relied on the statement; The claimant suffered loss as a result of relying on the statement; and The loss was caused by the defendant's breach of duty of care. The defendant will owe a duty of care to the claimant if they can reasonably foresee that the claimant will rely on their statement. The claimant will be able to rely on a statement if they believe that the defendant has the necessary knowledge or expertise to make the statement and that they are making the statement in good faith. The defendant will breach their duty of care if they make a false or misleading statement that they ought to have known was false or misleading. The claimant will have suffered loss if they have lost money or suffered some other form of damage as a result of relying on the statement. If the claimant can prove all of these elements, they will be able to recover damages from the defendant for the loss that they have suffered. Here are some examples of negligent misstatements: A financial advisor gives you advice on which shares to buy, but the advice is wrong and you lose money. A surveyor gives you a report on the condition of a property, but the report is wrong and you buy the property only to find that it is in need of major repairs. A doctor gives you a diagnosis, but the diagnosis is wrong and you suffer further illness as a result. If you have been the victim of negligent misstatement, you should seek legal advice to discuss your options.