BU231 Lecture Notes - Lecture 26: Fiduciary
Document Summary
Negligence starts with the label: owe duty of care, breach standard of care, damage happened, causal link. Carve up facts to fit ^ proximity, foreseeability, etc. If something was purposeful, it"s not negligent behaviour. Hedley byrne v. heller (1964) a. c. 465 (hl- case 5. 6) Comes from house of lords- highest court in england. Asks for an extension of credit from hedley: hedley byrne. Asks its banker for credit information on easipower: hedley"s bank. Asks heller (easipower"s bank about their credit rating: heller & partners. Responds positively without checking the most recent credit line. Gives opinion without actually checking their current condition. Argued that the pool of potential parties to sue was much too large (1- foreseeable victim) By not looking at the file, breach of standard of care is evident, damages are clear, but causation and owing a duty of care needed further proof. Entire group does not go forward, but redesign who they owe a duty to.
