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Liability for Negligent Misstatements by Christian Witting (Hardcover, 2004)

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ISBN-13: 9780199250103, 978-0199250103. It will also discuss in detail those issues that are likely to prove most contentious. The examination of this complex law takes place at a number of levels. Author(s): Christian Witting.

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This book is the first comprehensive and integrated account of the law on liability for negligent misstatements. Designed as a comprehensive guide for practitioners, it outlines the essential issues that must be considered in determining whether a client will have a cause of action for negligent misstatement. It will also discuss in detail those issues that are likely to prove most contentious. First, the book attempts to unravel the 'three-stage test' which provides the conceptual framework within which duties of care are analysed in tort. An account of the function of each stage of the test is offered. Second, the book defines what constitutes 'physical damage' and 'pure economic loss' and examines the major ways in which the latter kind of loss arises. Third, the book outlines the elements of liability in physical damage and pure economic loss cases. The treatment of liability by negligent misstatements is completed with a full discussion of breach, causation, and the defences. * The first comprehensive and integrated account of the law on liability for negligent misstatements * Establishes a framework for the analysis of misstatement cases by fully explaining the duty of care concept and uncovering different misstatement paradigms * Focuses on factors that arise in particular professional contexts and so provides useful practical coverage and advice * Presents the law in England and in other major common law jurisdictions and so is useful for both UK and Commonwealth practitioners * Contains the most recent case law, so is a useful and up-to-date practical reference Contents: PART I: THE FRAMEWORK 1 Introduction 2 The Duty of Care Framework 3 Duty of Care and Policy PART II: PHYSICAL HARM 4 Physical Damage 5 Misstatements Causing Physical Damage 6 Negligent Communication of Distressing Information PART III: ECONOMIC LOSS 7 Economic Loss 8 Misstatements Causing Economic Loss: Antecedents 9 Misstatements Causing Economic Loss: Orthodox Principles 10 Misstatements Causing Economic Loss: Compulsion and Inducement 11 Misstatements Causing Economic Loss: 'Extended Hedley Byrne' Liability 12 Economic Loss and Contract PART IV: COMPLETING A CAUSE OF ACTION 13 Standard of Care and Breach 14 Causation of Damage 15 Parties PART V: DEFENCES 16 Defences Index