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The Law of Misstatements: 50 Years on from Hedley Byrne v Heller: Hart Studies in Private Law

Editat de Professor Kit Barker, Ross Grantham, Professor Warren Swain
en Limba Engleză Paperback – 29 noi 2017
2013 was the 50th anniversary of the House of Lords' landmark decision in Hedley Byrne v Heller. This international collection of essays brings together leading experts from five of the most important jurisdictions in which the case has been received (the United Kingdom, the United States, New Zealand, Canada and Australia) to reappraise its implications from a number of complementary perspectives-historical, theoretical, conceptual, doctrinal and comparative. It explores modern developments in the law of misstatement in each of the jurisdictions; examines the case's profound effects on the conceptual apparatus of the law of negligence more generally; explores the intersections between misstatement liabilities in contract, tort, equity and under statutory consumer protection provisions; and critically assesses the ways in which advisor liabilities have come to be limited and distributed under systems of 'joint and several' and 'proportionate' liability respectively. Inspired by Hedley Byrne, the purpose of the collection is to reflect on the case's echoes, effects and analogues throughout the private law and to provide a platform for thinking about the ways in which liabilities for misstatement and pure economic loss should be modelled in the modern day.
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Specificații

ISBN-13: 9781509917679
ISBN-10: 1509917675
Pagini: 408
Greutate: 0.57 kg
Ediția:NIPPOD
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Hart Studies in Private Law

Locul publicării:London, United Kingdom

Caracteristici

This international collection of essays reappraises the House of Lords' landmark decision in Hedley Byrne v Heller from serveral perspectives: historical, theoretical, conceptual, doctrinal and comparative.

Notă biografică

Kit Barker is Professor of Law and Ross Grantham is Professor of Commercial Law, both of the TC Beirne School of Law, the University of Queensland. Warren Swain is Professor, Faculty of Law, University of Auckland and Professor, TC Beirne School of Law, University of Queensland.

Cuprins

Part 1: Issues1. Hedley Byrne v Heller : Issues at the Beginning of the Twenty-First Century Kit BarkerPart 2: History, Concepts and Theory2. Hedley Byrne v Heller in Australia: 'Never has there been such a Judicial Jamboree ' Warren Swain3. The Assumption of Responsibility Andrew Robertson and Julia Wang4. The Basis of the Hedley Byrne Action Allan Beever5. The Curious Incident of the Dog that did Bark in the Night-Time: What Mischief does Hedley Byrne v Heller Correct? David CampbellPart 3: Intersections and Distributions of Liability6. Equity as Tort? Paul Finn7. Limitations on Defendant Liability for Misleading or Deceptive Conduct Under Statute: Some Insights fromNegligent Misstatement Elise Bant and Jeannie Paterson8. Advisor Liability: Claims for Contribution or Reimbursement Between an Advisor and the Advisee's Contract-Partner Sirko HarderPart 4: Comparative Perspectives9. What are We Doing Here? The Relationship Between Negligence in General and Misstatements in English Law Christian Witting10. Negligent Misstatement in the United States Jay M Feinman11. Hedley Byrne : Misused, then Exiled by the Supreme Court of Canada Bruce Feldthusen12. Liability Under Hedley Byrne for 'Pre-Contract'Negligent Misrepresentation: A New Zealand Perspective David McLauchlan13. Negligent Misstatement in Australia- Resolving the Uncertain Legacy of Esanda Kit Barker

Recenzii

Characterised by a comparative approach, The Law of Misstatements will be relevant to any lawyer interested in these fundamental issues of private law, even outside of the common law jurisdictions. (Translated from original French)
What is most exciting about this volume is its demonstration of the broader debate on tort; in deconstructing one small element of tortious liability on the fringes of our accepted bounds of liability, it has rehearsed with new clarity the unrest and instability at the heart of tort jurisprudence.
All the essays are of the highest quality, and the book is to be warmly recommended to all readers interested in Hedley Byrne v Heller and its implications, or in private law more generally.