Please use this identifier to cite or link to this item: https://une.intersearch.com.au/unejspui/handle/1959.11/1843
Title: Simplicity is a Virtue?: Negligent Misstatement and Physical Injury in the House of Lords
Contributor(s): Lunney, Mark (author)orcid 
Publication Date: 2006
Handle Link: https://hdl.handle.net/1959.11/1843
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.
Publication Type: Journal Article
Source of Publication: Tort Law Review, 14(3), p. 129-132
Publisher: Thomson Lawbook Co
Place of Publication: Pyrmont
ISSN: 1039-3285
Field of Research (FOR): 180126 Tort Law
Peer Reviewed: Yes
HERDC Category Description: C1 Refereed Article in a Scholarly Journal
Other Links: http://www.thomsonreuters.com.au/catalogue/shopexd.asp?id=1247
Statistics to Oct 2018: Visitors: 152
Views: 156
Downloads: 0
Appears in Collections:Journal Article
School of Law

Files in This Item:
3 files
File Description SizeFormat 
Show full item record

Page view(s)

64
checked on Dec 29, 2018
Google Media

Google ScholarTM

Check

SCOPUSTM   
Citations

 

Items in Research UNE are protected by copyright, with all rights reserved, unless otherwise indicated.