7-Felthouse v Bindley (1862) 11 CBNS 869 (CCP) Summary: • “For a contract to come into existence‚ the offeree had to communicate his acceptance of the relevant offer to the offeror.” • This means that for a contract to come into play it has to be a bilateral agreement. One party cannot decide to enter someone else in a contract. Also‚ the case implies that changes in a contract nullify prior acceptances- if the contract changes‚ you need to agree the terms again. The Case: • F[elthouse]
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categories of case rather than to broad universal principles in order to reach their decisions. There is a distinction between ‘losses caused by words’ and losses caused by acts’ is not a reliable way to divide the case law. It is now clear that Hedley Byrne v Heller extends beyond losses caused by statements. Certainly‚ it extends to professional services more broadly. This is in itself a good
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Max’s friend Charlie wishes to purchase a restaurant. One evening he finds a Greek restaurant‚ Bruno’s‚ for sale‚ located on King’s Avenue‚ around the corner from Max’s restaurant‚ The Hercules. The restaurant is full of customers. A few days later‚ Charlie speaks to Max about his plans. Charlie explains that he is very keen to buy the business but that he has never owned a restaurant or even worked in the industry before‚ and he would appreciate Max’s advice and guidance. Max assures Charlie that
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Main issue: Is the P likely to succeed in an action under the tort of negligence misstatement against the D? Sub-issue 1.1: Duty of Care (NO 3RD PARTY) Law/App: The tort of negligent misstatement was effectively established since the case of (Hedley Byrne v Heller). Law stipulates that there must be a special relationship (an extension of “neighbour principle” established in Donoghue v Stevenson) for between P and D for a DOC to rise in the tort of negligent misstatement: (L Shaddock v Parramatta
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In brief: Mistake vs Misrepresentation • A mistake is inadvertent and only an error on the part of the person committing it while misrepresentation is often wilful or intentional‚ done with the intention of gaining wrongfully. The main difference between Mistake and Misrepresentation is that in the case of Mistake one or both parties to a contract or what was intended to be a contract unintentionally or unknowingly made statements not intended to mislead the other. Therefore fraud cannot be
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Economic loss Negligence covers a broad range of scenarios. Trespass to the person is actionable per se. The mere fact that your rights have been infringed means that you can sue. In negligence this is not the case. It needs to be shown that you have suffered damages. The damages in negligence can be economic loss. In Caparo the three stage test‚ Lord Bridge stated: “It is never sufficient to ask simply whether A owes B a duty of care. It is always necessary to determine the scope of the duty by
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misrepresentation A special relationship between Chew and Don [Hedley Byrne v Heller] Representor has reasonable grounds to believe his statement was true. Is a term; as Chew would not invest in the bonds if not for Don’s words. Sue for negligent misrepresentation (Using “But-for” test to assess damages) Suing under the Tort of Negligence‚ Chew has to prove: Duty of Care owed to Chew by Don - Factual Foreseeability‚ proximity checked Hedley Byrne v Heller (1964) - Negligent misstatement results economic
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The case we were provided with was Abu V. Shell Company. In this case Abu and Shell company signed a contract of 10 years on the basis of the statement by Shell company experts that the station would be able to sell 900 000 liters of petrol per year. The approximate amount was provided on the basis of being direct access to the service station from Main street. A decision made by the local council announced that there would be a change in the traffic dierect access ‚ Shell company continued the contract
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Intro To Business Law N1072 University of Sussex Word count: 1099 December 4‚ 2013 Critically evaluate‚ in relation to the common law duty of care‚ the liability of employers for references. How‚ if at all‚ does the liability of a university (such as the University of Sussex) differ regarding references given to potential employers in respect of current (or former) students. Employers have a certain degree of liability when making statements in a former employee’s reference
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liabilities of a Banker under Advisory and Transactional liability in Banking Law. My discussions include the doctrinal bases of liability‚ duty to advice and the liability for the advice given. Also‚ I stated the various important cases such as Hedley Byrne & Co Ltd v Heller & Partners Ltd (1964)‚ Tai Hing Cotton Mill Ltd v Liu Chong Hing Bank (1986)‚ Woods v Martins Bank Ltd (1959)‚ Barnes v Addy (1874)‚ Cornish v Midland Bank plc (1985)‚ Barclays Bank plc v O’Brien (1994)‚ Royal Bank of Scotland
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