The Unexplored Contract and Insolvency Law Dimensions of Hedley Byrne v Heller

Campbell, David and Milman, David (2023) The Unexplored Contract and Insolvency Law Dimensions of Hedley Byrne v Heller. Cambridge Law Journal, 82 (1). pp. 58-82. ISSN 0008-1973

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Abstract

It has been argued in previous work that Hedley Byrne v Heller addressed no actual mischief. In the case itself, the defendant's credit reference about Easipower Ltd. was neither a misstatement nor negligently given, and in general the indemnification of reliance on negligent statements is far better regulated by contract than it can possibly be by negligent misstatement. This paper expands on the significance of contract relative to tort in Hedley Byrne, but mainly argues that the mischief perceived by the claimant was caused by the operation of the statutory regime regulating Easipower's insolvency. This makes regarding Hedley Byrne as a necessary response to “the privity of contract fallacy” even more implausible.

Item Type:
Journal Article
Journal or Publication Title:
Cambridge Law Journal
Uncontrolled Keywords:
/dk/atira/pure/subjectarea/asjc/3300
Subjects:
?? NEGLIGENT MISSTATEMENTPRIVITY OF CONTRACT FALLACYINSOLVENCY LAWINTERVENTIONJUDICIAL LEGISLATIONNO - NOT FUNDEDNOSOCIAL SCIENCES(ALL) ??
ID Code:
192305
Deposited By:
Deposited On:
28 Apr 2023 12:30
Refereed?:
Yes
Published?:
Published
Last Modified:
18 Sep 2023 02:13