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MikeLittle.
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- January 10, 2018 at 8:52 pm #428305
Sir, in Hedley Byrne & Co Ltd v Heller & Partners Ltd (1964) The claimants (Hedley Byrne) asked the respondents, who were Easipower’s bankers, for a reference as to the creditworthiness of Easipower. In the
absence of the disclaimer, the circumstances would have given rise to a duty of care because defendant knew that claimant would rely on their statement. CORRECT?In Jeb Fasteners Ltd v Marks, Bloom & Co (1982) The defendant accountants audited the accounts of X Co. The audit
report was negligently prepared. The claimant then took over X Co.
Here again the defendants owed the claimants a duty of care because they
knew the claimant company was considering taking over X Co and
thus were likely to rely on the audited accounts. CORRECT?
I know thats a different matter that the claimant’s action for damages failed because they had taken over the company to
obtain the services of X Co’s two directors and not on the basis of the accounts.In Morgan Crucible v Hill Samuel Bank (1991), the defendants knew MC would rely on the circulars for the particular purpose of deciding whether or not to make an increased bid and intended that they should. So again defendants owed the claimants a duty of care. CORRECT?
However, in Caparo Industries Plc v Dickman and Others (1990) and James McNaughton Paper Group v Hicks Anderson (1991) decision of court was different from the above 3 cases. Here duty of care was not owed. Can you please tel me the reason of this?
January 11, 2018 at 8:11 am #428359In Caparo, the duty is to the company ie the members as a whole and it is the members as a whole that should take action against the auditors
You need to read the article on this link!
https://www.bitsoflaw.org/tort/negligence/study-note/degree/pure-economic-loss-liability-statement
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