Librería Portfolio

The first comprehensive and integrated account of the law on liability for negligent misstatements
Establishes a framework for the analysis of misstatement cases by fully explaining the duty of care concept and uncovering different misstatement paradigms
Focuses on factors that arise in particular professional contexts and so provides useful practical coverage and advice
Presents the law in England and in other major common law jurisdictions and so is useful for both UK and Commonwealth practitioners
Contains the most recent case law, so is a useful and up-to-date practical reference




This new book is the first comprehensive and integrated account of the law on liability for negligent misstatements. Designed as a comprehensive guide for practitioners, it outlines the essential issues that must be considered in determining whether a client will have a cause of action for negligent misstatement. It will also discuss in detail those issues that are likely to prove most contentious.

In England, liability for negligent misstatements provides the most important form of tortious redress for financial losses. The examination of this complex law takes place at a number of levels.

First, the book attempts to unravel the ´three-stage test´ which provides the conceptual framework within which duties of care are analysed in tort. An account of the function of each stage of the test is offered. Second, the book defines what constitutes ´physical damage´ and ´pure economic loss´ and examines the major ways in which the latter kind of loss arises. Third, the book outlines the elements of liability in physical damage and pure economic loss cases. The treatment of liability by negligent misstatements is completed with a full discussion of breach, causation, and the defences.



Table of Contents

PART I: THE FRAMEWORK
1:Introduction
2:The Duty of Care Framework
3:Duty of Care and Policy
PART II: PHYSICAL HARM
4:Physical Damage
5:Misstatements Causing Physical Damage
6:Negligent Communication of Distressing Information
PART III: ECONOMIC LOSS
7:Economic Loss
8:Misstatements Causing Economic Loss: Antecedents
9:Misstatements Causing Economic Loss: Orthodox Principles
10:Misstatements Causing Economic Loss: Compulsion and Inducement
11:Misstatements Causing Economic Loss: ´Extended Hedley Byrne´ Liability
12:Economic Loss and Contract
PART IV: COMPLETING A CAUSE OF ACTION
13:Standard of Care and Breach
14:Causation of Damage
15:Parties
PART V: DEFENCES
16:Defences