The law of misstatements : 50 years on from Hedley Byrne v Heller / edited by Kit Barker, Ross Grantham and Warren Swain.

Format:

Book

Contributor:

Barker, Kit, editor.

Grantham, Ross, editor.

Swain, Warren, 1973- editor.

Series:

Hart studies in private law ; v. 14.

Hart studies in private law ; v. 14

Language:

English

Subjects (All):

Liability (Law)--Commonwealth countries.

Liability (Law).

Negligence--Commonwealth countries.

Negligence.

Commonwealth countries.

Physical Description:

1 online resource (410 p.)

Other Title:

Fifty years on from Hedley Byrne versus Heller

Place of Publication:

Oxford, United Kingdom : Hart Publishing, 2015.

Language Note:

English

Summary:

"2013 was the 50th anniversary of the House of Lords' landmark decision in Hedley Byrne v Heller. This international collection of essays brings together leading experts from five of the most important jurisdictions in which the case has been received (the United Kingdom, the United States, New Zealand, Canada and Australia) to reappraise its implications from a number of complementary perspectives - historical, theoretical, conceptual, doctrinal and comparative. It explores modern developments in the law of misstatement in each of the jurisdictions; examines the case's profound effects on the conceptual apparatus of the law of negligence more generally; explores the intersections between misstatement liabilities in contract, tort, equity and under statutory consumer protection provisions and critically assesses the ways in which advisor liabilities have come to be limited and distributed under systems of 'joint and several' and 'proportionate' liability respectively. Inspired by Hedley Byrne, the purpose of the collection is to reflect on the case's echoes, effects and analogues throughout the private law and to provide a platform for thinking about the ways in which liabilities for misstatement and pure economic loss should be modelled in the modern day."--Bloomsbury Publishing.

Contents:

Hedley Byrne v Heller : issues at the beginning of the twenty-first century

Kit Barker

Hedley Byrne v Heller in Australia : "never has there been such a judicial jamboree"

Warren Swain

The assumption of responsibility

Andrew Robertson and Julia Wang

Basis of the Hedley Byrne action

Allan Beever

The curious incident of the dog that did bark in the night-time : what mischief does Hedley Byrne v Heller correct?

David Campbell

Equity as tort?

Paul Finn

Limitations on defendant liability for misleading or deceptive conduct under statute : some insights from negligent misstatement

Elise Bant and Jeannie Paterson

Advisor liability : claims for contribution or reimbursement between an advisor and the advisee's contract-partner

Sirko Harder

What are we doing here? : the relationship between negligence in general and misstatements in English law

Christian Witting

Negligent misstatement in the United States

Jay M. Feinman

Hedley Byrne : misused, then exiled by the Supreme Court of Canada

Bruce Feldthusen

Liability under Hedley Byrne for "pre-contract" negligent misrepresentation : a New Zealand perspective

David McLauchlan

Negligent misstatement in Australia : resolving the uncertain legacy of Esanda

Kit Barker.

Notes:

Includes index.

Includes bibliographical references and index.

ISBN:

9781782257981

1782257985

9781509901876

1509901876

OCLC:

913869183