The Law of Misstatements: 50 Years on from Hedley Byrne v Heller

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