Economic loss by way of negligent misstatement

• before the legal test


  state the general rule in Hedley Byrne
• 1. To establish a DOC for a pure economic loss by way of negligent misstatement it must be proven that there was a special relationship between D and the claimant


  Hedley Byrne
• 2. Does the person giving the advice posses the skill and expertise

  the claimant needs
• 3. Was the advice given voluntarily
• 4. Did D know/ought to know C would rely on the statement
• 5. Did D know the purpose for which the advice would be used
• 6. Did C rely on the statement and was it reasonable for C to rely on the statement
• 7. Did D breach his DOC
• 8. Is the damage reasonably foreseeable or too remote
• 9. Are there any defences for the defendant
• 10. Are there any remedies for the claiment/victim