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Describe and analyse, citing the relevant case law, the approach of theEnglish courts to the tort of negligence where economic loss has beencaused by the provision of information

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Describe and analyse, citing the relevant case law, the approach of theEnglish courts to the tort of negligence where economic loss has beencaused by the provision of information

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Solution

The English courts approach the tort of negligence causing economic loss through the provision of information with a degree of caution. This is primarily due to the potential for limitless liability if every negligent misstatement could form the basis of a claim.

The seminal case in this area is Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465. In this case, the House of Lords held that a duty of care could exist in situations where a party has relied upon information or advice provided by another party, who has voluntarily assumed responsibility for the accuracy of the information or advice. This is known as the principle of 'assumption of responsibility'.

However, the courts have been careful to limit the scope of this principle. In Caparo Industries plc v Dickman [1990] 2 AC 605, the House of Lords introduced a three-stage test to determine whether a duty of care exists: foreseeability of damage, a relationship characterised by the law as one of 'proximity' or 'neighbourhood', and whether it is 'fair, just and reasonable' to impose a duty of care.

In relation to economic loss caused by negligent misstatements, the courts have generally been reluctant to find a duty of care unless the defendant knew (or ought to have known) that the claimant would rely on the statement, and that the claimant's reliance on the statement was reasonable. This was demonstrated in the case of Chaudhry v Prabhakar [1989] 1 WLR 29.

Furthermore, in Customs and Excise Commissioners v Barclays Bank Plc [2006] UKHL 28, the House of Lords held that even where a duty of care is established, the defendant will not be liable if the claimant's loss was not a reasonably foreseeable consequence of the defendant's negligence.

In conclusion, while the English courts have recognised that a duty of care can exist in relation to economic loss caused by negligent misstatements, they have also imposed significant limitations on the scope of this duty in order to prevent the floodgates of litigation from opening.

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