The Law of Misstatements: 50 Years on from Hedley Byrne v Heller (Hart Studies in Private Law Book 14)

"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. Cover Half-title Title Copyright Preface Acknowledgements Contents List of Contributors Table of Cases Table of Legislation Part 1: Issues 1. Hedley Byrne v Heller: Issues at the Beginning of the Twenty-First Century I. Introduction II. Aims and Overview III. History, Concepts and Theory IV. Intersections and Distributions of Liability V. Conclusion Part 2: History, Concepts and Theory 2. Hedley Byrne v Heller in Australia: ‘Never has there been such a Judicial Jamboree’ I. The Law Prior to Hedley Byrne II. Hedley Byrne v Heller: The Immediate Aftermath of the Decision in Australia III. Caltex: Working Out the Principles Behind Pure Economic Loss IV. Pure Economic Loss, Hedley Byrne and the Rise of Proximity V. A Multifactoral Approach and Hedley Byrne 3. The Assumption of Responsibility I. The Assumption of Responsibility in Hedley Byrne II. Is the Obligation Voluntarily Assumed? III. The Voluntary Entry into a Relationship IV. The Assumption of Responsibility as Proximity V. Conclusion 4. The Basis of the Hedley Byrne Action I. Introduction II. Identifying the Hedley Byrne Action III. The Negligence Plus Model IV. Negligent Misrepresentation and the Neighbour Principle V. Imposed and Assumed Obligations VI. The Doctrine of Consideration and Hedley Byrne VII. Assumption of Responsibility and the Law of Negligence VIII. Conclusion 5. The Curious Incident of the Dog that did Bark in the Night-Time: What Mischief does Hedley Byrne v Heller Correct? I. Introduction II. The Mischief in Hedley Byrne III. Why was Contract Thought not to be Good Enough? IV. What Did Derry v Peek Decide? V. Conclusion Part 3: Intersections and Distributions of Liability 6. Equity as Tort? I. Introduction II. The Rise and Destruction of the Jurisdiction to Make Good Representations III. The Destruction of an Equitable Jurisdiction IV. The Unconscionable Insistence on Strict Legal Rights to Property V. Nocton v Ashburton and its Consequences VI. Breach of Confi dence and the Compensatory Jurisdiction VII. The Assessment Principles—With Little Past at their Back VIII. Conclusion 7. Limitations on Defendant Liability for Misleading or Deceptive Conduct Under Statute: Some Insights from Negligent Misstatement I. Introduction II. Limiting Factors in the Law of Negligent Misstatement III. Limiting Factors Under the ACL IV. Conclusion 8. Advisor Liability: Claims for Contribution or Reimbursement Between an Advisor and the Advisee’s Contract-Partner I. Introduction II. Ways of Allocating Liability Between Multiple Debtors III. The Advisee Enforces the Induced Contract IV. The Advisee Pursues a Claim for Misrepresentation Against the Contract-Partner V. Conclusion Part 4: Comparative Perspectives 9. What are We Doing Here? The Relationship Between Negligence in General and Misstatements in English Law I. Introduction II. Misstatements as Something Other than Tort/Negligence III. Misstatements as a Unique Head of Negligence IV. Assumption of Responsibility V. The Place of Hedley Byrne within Negligence VI. Conclusions 10. Negligent Misstatement in the United States I. Introduction II. Precursors III. Transformation IV. Tension and Controversy V. Context 11. Hedley Byrne: Misused, then Exiled by the Supreme Court of Canada I. Introduction II. Negligent Misstatement in Canada—Hercules Management Ltd v Ernst & Young III. The Defendant Must Intend the Plaintiff to Rely—The Assumption of Responsibility Requirement IV. The ‘End and Aim Rule’ and Indeterminate Liability V. What about Reliance? VI. The Difference Between Hedley Byrne and Other Claims for Economic Loss VII. Does it Really Matter? 12. Liability Under Hedley Byrne for ‘Pre-Contract’ Negligent Misrepresentation: A New Zealand Perspective I. Introduction II. The Speeches in Hedley Byrne III. Development of the Law IV. The Advantages of a Tort Claim V. The New Zealand Reform VI. Impact of the Fair Trading Act 1986 13. Negligent Misstatement in Australia—Resolving the Uncertain Legacy of Esanda I. Introduction II. Voluntarism and Policy in the High Court III. ‘Two-Party’ Cases: The ‘Barwick Test’ IV. ‘Three Party’ Cases—Into the Wasteland V. Conclusions Appendix Index 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. Edited By Kit Barker, Ross Grantham And Warren Swain. Includes Bibliographical References And Index. Présentation de l'éditeur : "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."