The Law of Misstatements
50 Years on from Hedley Byrne v Heller
Published on 30. November 2017
Book
Paperback/Softback
408 pages
978-1-5099-1767-9 (ISBN)
Description
2013 was the 50th anniversary of the House of Lords' landmark decision in Hedley Byrne v Heller. This international collection of essays brings together leading experts from five of the most important jurisdictions in which the case has been received (the United Kingdom, the United States, New Zealand, Canada and Australia) to reappraise its implications from a number of complementary perspectives-historical, theoretical, conceptual, doctrinal and comparative. It explores modern developments in the law of misstatement in each of the jurisdictions; examines the case's profound effects on the conceptual apparatus of the law of negligence more generally; explores the intersections between misstatement liabilities in contract, tort, equity and under statutory consumer protection provisions; and critically assesses the ways in which advisor liabilities have come to be limited and distributed under systems of 'joint and several' and 'proportionate' liability respectively. Inspired by Hedley Byrne, the purpose of the collection is to reflect on the case's echoes, effects and analogues throughout the private law and to provide a platform for thinking about the ways in which liabilities for misstatement and pure economic loss should be modelled in the modern day.
Reviews / Votes
Characterised by a comparative approach, The Law of Misstatements will be relevant to any lawyer interested in these fundamental issues of private law, even outside of the common law jurisdictions. (Translated from original French) -- ED * Revue trimestrelle de droit civil * What is most exciting about this volume is its demonstration of the broader debate on tort; in deconstructing one small element of tortious liability on the fringes of our accepted bounds of liability, it has rehearsed with new clarity the unrest and instability at the heart of tort jurisprudence. -- Nicholas Hoggard * Journal of Professional Negligence * All the essays are of the highest quality, and the book is to be warmly recommended to all readers interested in Hedley Byrne v Heller and its implications, or in private law more generally. -- Stephen Waddams, University of Toronto * Journal of Contract Law *More details
Series
Edition
NIPPOD
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
College/higher education
Product notice
Hardback (stationery)
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 24 mm
Weight
620 gr
ISBN-13
978-1-5099-1767-9 (9781509917679)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Kit Barker | Ross Grantham | Warren Swain
The Law of Misstatements
50 Years on from Hedley Byrne v Heller
E-Book
08/2015
1st Edition
Hart Publishing
€47.49
Available for download
Kit Barker | Ross Grantham | Warren Swain
The Law of Misstatements
50 Years on from Hedley Byrne v Heller
E-Book
08/2015
1st Edition
Hart Publishing
€47.49
Available for download
Persons
Kit Barker is Professor of Law and Ross Grantham is Professor of Commercial Law, both of the TC Beirne School of Law, the University of Queensland.
Warren Swain is Professor, Faculty of Law, University of Auckland and Professor, TC Beirne School of Law, University of Queensland.
Warren Swain is Professor, Faculty of Law, University of Auckland and Professor, TC Beirne School of Law, University of Queensland.
Content
Part 1: Issues
1. Hedley Byrne v Heller : Issues at the Beginning of the Twenty-First Century
Kit Barker
Part 2: History, Concepts and Theory
2. Hedley Byrne v Heller in Australia: 'Never has there been such a Judicial Jamboree '
Warren Swain
3. The Assumption of Responsibility
Andrew Robertson and Julia Wang
4. The Basis of the Hedley Byrne Action
Allan Beever
5. The Curious Incident of the Dog that did Bark in the Night-Time: What Mischief does Hedley Byrne v Heller Correct?
David Campbell
Part 3: Intersections and Distributions of Liability
6. Equity as Tort?
Paul Finn
7. Limitations on Defendant Liability for Misleading or Deceptive Conduct Under Statute: Some Insights from
Negligent Misstatement
Elise Bant and Jeannie Paterson
8. Advisor Liability: Claims for Contribution or Reimbursement Between an Advisor and the Advisee's Contract-Partner
Sirko Harder
Part 4: Comparative Perspectives
9. What are We Doing Here? The Relationship Between Negligence in General and Misstatements in English Law
Christian Witting
10. Negligent Misstatement in the United States
Jay M Feinman
11. Hedley Byrne : Misused, then Exiled by the Supreme Court of Canada
Bruce Feldthusen
12. Liability Under Hedley Byrne for 'Pre-Contract'
Negligent Misrepresentation: A New Zealand Perspective
David McLauchlan
13. Negligent Misstatement in Australia- Resolving the Uncertain Legacy of Esanda
Kit Barker
1. Hedley Byrne v Heller : Issues at the Beginning of the Twenty-First Century
Kit Barker
Part 2: History, Concepts and Theory
2. Hedley Byrne v Heller in Australia: 'Never has there been such a Judicial Jamboree '
Warren Swain
3. The Assumption of Responsibility
Andrew Robertson and Julia Wang
4. The Basis of the Hedley Byrne Action
Allan Beever
5. The Curious Incident of the Dog that did Bark in the Night-Time: What Mischief does Hedley Byrne v Heller Correct?
David Campbell
Part 3: Intersections and Distributions of Liability
6. Equity as Tort?
Paul Finn
7. Limitations on Defendant Liability for Misleading or Deceptive Conduct Under Statute: Some Insights from
Negligent Misstatement
Elise Bant and Jeannie Paterson
8. Advisor Liability: Claims for Contribution or Reimbursement Between an Advisor and the Advisee's Contract-Partner
Sirko Harder
Part 4: Comparative Perspectives
9. What are We Doing Here? The Relationship Between Negligence in General and Misstatements in English Law
Christian Witting
10. Negligent Misstatement in the United States
Jay M Feinman
11. Hedley Byrne : Misused, then Exiled by the Supreme Court of Canada
Bruce Feldthusen
12. Liability Under Hedley Byrne for 'Pre-Contract'
Negligent Misrepresentation: A New Zealand Perspective
David McLauchlan
13. Negligent Misstatement in Australia- Resolving the Uncertain Legacy of Esanda
Kit Barker