GNG 4170 Lecture Notes - Lecture 2: Intentional Tort

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Associated with using the product, the manufacturer has an obligation to warn the consumer. This is part of the standard of care. In hedley byrne the plaintiffs were advertising agents who asked their bankers to inquire into the credit rating of a company with which the plaintiff had business dealings. The plaintiff"s banker then made inquiries into the defendants, who were bankers for the company about whom the credit information was sought. The defendants bankers negligently reported that the company"s financial position was favourable but disclaimed that the report given had no responsibility on them. The plaintiff proceeded to do business with the company, relying on the advice of the bankers. The plaintiff then lost a significant amount of money. Hb does not make the allegation of intentional tort; they make an argument in the negligence in the company"s bank. We wouldn"t know that the company"s bank knew that hb asked and how the information given was used.

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