PEL

    Cards (15)

    • What is the general rule for financial loss from Spartan Steel?
      There's no duty of care owed to avoid causing another to suffer a loss which is purely economic where the financial loss is not related to a personal injury
    • What is the exception to the general rule for financial loss from Hedley Byrne?
      Pure economic loss could be claimed where special relationship established
    • Which case sets out the features of a special relationship?
      Caparo
    • Did Hedley Byrne set out the features of a special relationship?
      No
    • A special relationship requires all elements to be proven
    • What is the first element of a special relationship according to Caparo?
      D. must possess a special skill or expertise or have access to specialist knowledge
    • What is a case for the first element of a special relationship?
      Smith
    • What is the second element of a special relationship according to Caparo?
      D. must voluntarily assume responsibility - there mustn't be a disclaimer
    • What is the third element of a special relationship according to Caparo?
      Must be a known user of statement
    • What is a case for the third element of a special relationship?
      Caparo
    • What is the fourth element of a special relationship according to Caparo?
      There must be a known purpose
    • What is a case for the fourth element of a special relationship?
      Law Society
    • What is the fifth element of a special relationship according to Caparo?
      Reasonable reliance - C. must show, both, they relied on D's statement and that it was reasonable to do so
    • What is a case for the fifth element of a special relationship?
      JEB Fasteners
    • What is the general approach on negligent advice in social settings?
      Traditionally, could not be claimed for, however, Chaudhry means it can be claimed for
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