Liability for Negligent Misstatements

Christian Witting (Senior Lecturer, School of Law, University of Melbourne.)

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Hardback

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English

Oxford University Press
09 December 2004

Defamation law (slander & libel); Torts Law

This new book is the first comprehensive and integrated account of the law on liability for negligent misstatements.

Designed as a comprehensive guide for practitioners, it outlines the essential issues that must be considered in determining whether a client will have a cause of action for negligent misstatement.

It will also discuss in detail those issues that are likely to prove most contentious.

In England, liability for negligent misstatements provides the most important form of tortious redress for financial losses. The examination of this complex law takes place at a number of levels. First, the book attempts to unravel the 'three-stage test' which provides the conceptual framework within which duties of care are analysed in tort. An account of the function of each stage of the test is offered.

Second, the book defines what constitutes 'physical damage' and 'pure economic loss' and examines the major ways in which the latter kind of loss arises. Third, the book outlines the elements of liability in physical damage and pure economic loss cases. The treatment of liability by negligent misstatements is completed with a full discussion of breach, causation, and the defences.

By: Christian Witting (Senior Lecturer School of Law University of Melbourne.)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 254mm, Width: 178mm, Spine: 31mm
Weight: 954g
ISBN: 9780199250103
ISBN 10: 0199250103
Pages: 466
Publication Date: 09 December 2004
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

PART I: THE FRAMEWORK 1: Introduction 2: The Duty of Care Framework 3: Duty of Care and Policy PART II: PHYSICAL HARM 4: Physical Damage 5: Misstatements Causing Physical Damage 6: Negligent Communication of Distressing Information PART III: ECONOMIC LOSS 7: Economic Loss 8: Misstatements Causing Economic Loss: Antecedents 9: Misstatements Causing Economic Loss: Orthodox Principles 10: Misstatements Causing Economic Loss: Compulsion and Inducement 11: Misstatements Causing Economic Loss: 'Extended Hedley Byrne' Liability 12: Economic Loss and Contract PART IV: COMPLETING A CAUSE OF ACTION 13: Standard of Care and Breach 14: Causation of Damage 15: Parties PART V: DEFENCES 16: Defences

Dr Christian Witting is a Senior Lecturer at the University of Melbourne School of Law. He has previously lectured at Nottingham University and Leicester University, and practised as a solicitor in the Commonwealth of Australia Attorney-General's Department. He is the co-author of 'Pure Economic Loss'.

Reviews for Liability for Negligent Misstatements

`'it would be a useful addition to any commercial litigator's standard textbooks.....Recommendation: buy'' Mr Tim Hardy, CMS Cameron McKenna Solicitors `The book deals accurately and informatively with the law in England and Wales, Canada, Australia and New Zealand, and contains much very helpful analysis...this new volume deserves to become a reference point for some considerable time to come for those interested in tortuous liability.' European Tort Law 2004 (Tort and Insurance Law Yearbook)