Negligent misstatement—defences and remedies

Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading

Practice notes

Negligent misstatement—defences and remedies

Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading

Practice notes

There are a number of ways in which liability for Negligent misstatement may be avoided and/or limited. For details on founding a claim of negligent misstatement, see Practice Note: Negligent misstatement—founding a claim.

For guidance generally on clauses seeking to limit or exclude liability, see Practice Notes:

•
Misrepresentations—excluding and limiting liability for them
•
Contractual Estoppel
•
Contractual estoppel—key & illustrative cases

Disclaimers of liability for negligent misstatement

Liability for negligent misstatement can be disclaimed if the statement is accompanied by a form of words which makes the intention to disclaim clear.

In Hedley Byrne v Heller the defendants stated that their advice was given 'without responsibility' and this was held to be effective to negate liability for negligence which would otherwise have arisen.

It is important that the words chosen are express and unambiguous: the court will not be prepared to identify a disclaimer as a matter of inference (Box v Midland Bank [1981] 1 Lloyd’s Rep 434, not reported by ��˾��ҹ��®).

Third parties

The

Professor Richard A Buckley, M.A, D.Phil, DCL, Oxford

Barrister (Lincoln's Inn), Emeritus Professor of Law, University of Reading

Professor Buckley is an Emeritus Professor of Law 2008 -. Formerly Professor of Law, University of Reading 1993-2008; Fellow and Tutor in Law, Mansfield College, Oxford 1975-1993; Lecturer in Laws, King's College, London 1970-1975. Leverhulme Research Fellow, 2001. Publications include The Law of Negligence and Nuisance, 5th ed (2011, ��˾��ҹ��); Illegality and Public Policy, 2nd ed (2009, Sweet & Maxwell); The Law of Nuisance, 2nd ed (1995, Butterworths). Professor Buckley is also a contributing editor to Clerk and Lindsell on Torts, Halsbuy's Laws of England, Atkin's Court Forms, Fleming's The Law of Torts, 10th ed (2011), and formerly to Salmond and Heuston on Torts.

Jurisdiction(s):

United Kingdom

Key definition:

Negligent misstatement definition

What does Negligent misstatement mean?

A negligent misstatement is a misstatement that is made honestly, but carelessly by party A to party B, where A owes B a duty of care. An action can be brought in tort for negligent misstatement.

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