Watch the video and then discuss the advice you would offer before comparing your ideas with those suggested.

Suggestions

  • Hedley Byrne v Heller & Partners (1964) – damages may be recovered for a negligent misrepresentation where a financial loss has been incurred and where there is a special relationship between the parties.
  • A party who has been a victim of a misrepresentation has an action available without having to prove either fraud or the existence of a special relationship under the Hedley Byrne criteria. The burden of proof is reversed so that the person making the statement has to prove that they were not negligent.