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The law of torts

Lord Morris said the following: ‘If someone possessed of a special skill
undertakes….to apply that skill for the assistance of another person who relies on
that skill, a duty of care will arise…if, in a sphere in which a person is so placed
that others could reasonably rely on his skill…a person takes it upon himself to
give information or advice to…another person who, as he knows or should know,

will place reliance on it, then a duty of care will arise.’

The effect of HEDLEY BYRNE

The above case created a new duty situation by recognising liability for negligent
misstatement causing economic loss in circumstances where there exists a ‘special
relationship’ between the parties.

Cases involving negligent misstatement are usually concerned with establishing
whether or not a duty arises and it is difficult to establish clear principles to apply as
the law has evolved on a case-by-case basis.

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