PEL

• 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 given in a social setting?

  Traditionally, could not be claimed for, however, Chaudhry means it can be claimed for