Tort - Pure Economic Loss Essay

Intro - Negligence is an unintentional tort

What are the implications of this on pure economic loss?

Policy considerations for not finding a duty for PEL under negligence

Legal reasons for not finding a duty for PEL in negligence.

Negligent Misstatement

Background to Hedley Byrne

Facts of Hedley Byrne

Finding in Hedley Byrne

Intro to details of judgement

Devlin

Reed

Morris

How has subsequent case law applied the judgement in Hedley Byrne?

How, specifically, have these 3 principle factors been treated in subsequent case law? (to follow)

Lord Devlin's 'assumption of responsibility'. What does it mean? Various definitions.

Williams v Natural Life

Smith v Bush

Spring v Guardian / Banco Nazionale v Playboy Club

Lord Reed: the requirement of reasonable and foreseeable reliance. Cases?

Reliance makes no sense

Reasonable reliance makes no sense (inc case)

Lord Morris's 'special skill on the part of the defendant'. Issues with case examples.

'skill of the defendant' makes no sense for DoC - belongs in another category

Conclusion - provides a remedy. Balancing policy considerations. Judges are trying to do too much at the first hurdle.