BTF1010 Lecture Notes - Lecture 10: Tute, Special Relationship, Financial Statement
5 Aug 2018
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Advice or information provided at plaintiff s request? (hedley byrne - special relationship assumption of responsibility by defendant. reasonable reliance by pf. Df realises or should realise being trusted or relied on. Reliance by pf on the advice or information is reasonable in the circumstrances. Plaintiff is a 3rd party eg. financial statements. Intention to induce pf (or a class pf belongs to eg. creditors/lendors to act or not act on the advice or information. Mere knowledge that someone might see the advice or information is not enough on its own. Should plaintiff have made own inquiries (instead of just relying on the advice or information) Different legal test for words compared to acts. S48(1) - forseeable risk, not insignificance. but do not apply balancing test (s48(2)) - apply rogers v whitaker. S59 professional, account and financial advisor, peer professional opinion defense. Ss 62-63 - contributory negligence (normally a partial defense, between pf and df)
