Simplicity is a Virtue?: Negligent Misstatement and Physical Injury in the House of Lords

Title
Simplicity is a Virtue?: Negligent Misstatement and Physical Injury in the House of Lords
Publication Date
2006
Author(s)
Lunney, Mark
( author )
OrcID: https://orcid.org/0000-0003-1462-5960
Email: mlunney@une.edu.au
UNE Id une-id:mlunney
Type of document
Journal Article
Language
en
Entity Type
Publication
Publisher
Lawbook Co
Place of publication
Australia
UNE publication id
une:1905
Abstract
In Sutradhar (FC) v Natural Environment Research Council [2006] UKHL 33 the House of Lords had to determine the circumstances in which the maker of a negligent misstatement owed a duty of care to someone who suffered physical injury as a result of the misstatement. Their Lordships held that no duty of care was owed on the facts, a result with which it is hard to find fault, but the case is of moregeneral interest in two ways. First, it considers the relationship between misstatements and other forms of conduct causing physical injury to a claimant. Second, the case demonstrates the demise of"reasonable foreseeability" of damage as a determinant of the duty of care question. This is in contrast to the approach of the High Court of Australia, which has in recent times reinvigorated this part ofLord Atkin's iconic neighbour principle so that it now serves an important role in determining whether a duty of care is owed.
Link
Citation
Tort Law Review, 14(3), p. 129-132
ISSN
1039-3285
Start page
129
End page
132

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