Chpt 4 Professional Liability
Professional Liability – is the area of tort law in cases of negligence (unintentional
torts) that applies to professionals such as Doctors, Lawyers, Accountants, Engineers
1) Contractual Duty
2) Fiduciary Duty
3) Duty in Tort
Tort of Deceit – Misrepresentation
Misrepresentation is when someone makes an untrue statement knowing it is untrue
with the intention to mislead someone or a group or if someone intentionally
conceals valid information to mislead.
Extending Liability to the Third Person???
The courts feared that extending the liability to the third person would hold almost
strict liability on the professionals and limit the freedom to practice the professional
Leading case decided by the House of the Lords in 1951 – Lord Dennings decision “
the duty of care need not be owed to every person but owed to the particular person
or group of people that the maker of the statement may reasonable might expect to
look at it”
Hedley Byrne Principle 1963
The Hedley Byrne Principal established in 1963 (12 yrs after) in Hedley Byrne V.
Heller and Parnters.
The Hedley Byrne Principal was established on the basis of Lord Dennings decision
what said “ the duty of care need not be owed to everybody but be owed the
particular person or group in which the maker of the statement could reasonably
expect to look at the statement”
Also the Hedley Byrne Principal established that in a case of a „Disclaimer‟ that the