Book Chapter

Limitations on Defendant Liability for Misleading or Deceptive Conduct Under Statute: Some Insights from Negligent Misstatement

Elise Bant, Jeannie Paterson

The Law of Misstatements: 50 Years on from Hedley Burne v Heller | Hart Publishing | Published : 2015


Liability for having induced another to act to their detriment on the basis of a negligent misstatement can arise under the general law through a number of different avenues. The statement may be the subject of a contractual warranty. Liability may arise extra-contractually pursuant to the common law and equitable doctrines of mistake, estoppel, misrepresentation, and, following the decision in Hedley Byrne & Co Ltd v Heller & Partners Ltd, negligent misstatement. All these claims have different elements and yield diverse remedial outcomes.