Law Atlas

How The Law Decides
Sign In
Text size
100%
Theme
Landmark Case

Hedley Byrne v Heller

Tort Law

Hedley Byrne v Heller is a 1964 House of Lords decision that recognized liability in tort for negligent misstatements causing purely financial loss. The advertising agency Hedley Byrne relied on a credit reference about a client, Easipower, supplied carelessly by the bank Heller and Partners, and suffered a financial loss when the client defaulted. The House of Lords held that a duty of care can arise from a special relationship of trust and reliance between parties even where there is no contract between them, so a careless statement made in that relationship can found liability for the resulting loss. On the facts Heller escaped liability because its reference carried an express disclaimer of responsibility, but the case established negligent misstatement as an actionable tort and remains the starting point for English law on liability for professional advice and information.

Facts
Decision Year
1963 2
Decision Date
1963-05-28 2
Holding
Held that a duty of care can arise for a negligent misstatement causing purely financial loss where the parties are in a sufficiently proximate, special relationship amounting to an assumption of responsibility, even absent a contract. 2
Current Status
Remains good law in England and Wales and was applied and extended in later cases such as Henderson v Merrett Syndicates Ltd [1995] 2 AC 145. 2
Case Status
Case Status (category)
Controlling Precedent 1
Connections

Decided By

Source Hedley Byrne v Heller (Wikipedia)

In Legal System

In the Other Atlases

Found In

Also in Geography Atlas: where this subject is found.

Sources
1. Wikidata: Hedley Byrne v Heller
Source: House of Lords overruled the prior position and this case is the current controlling authority on negligent misstatementView the Source
2. Hedley Byrne v Heller (Wikipedia)
Wikipedia contributors
  • Infobox: date decided
    28 May 1963
  • Wikipedia lead section, House of Lords sentence
    The House of Lords overruled the previous position, in recognising liability for pure economic loss not arising from a contractual relationship, applying to commercial negligence the principle of "assumption of responsibility".
  • Wikipedia section Judgment, proximate relationship sentence
    the relationship between the parties was "sufficiently proximate" as to create a duty of care.
  • Wikipedia section Application, Henderson v Merrett Syndicates sentence
    Henderson v Merrett Syndicates Ltd [1995] 2 AC 145; This case concerned the near collapse of Lloyd's of London when hurricanes in United States devastated its property holdings.
  • In Group: Negligence and Strict Liability Tort Cases, Introduction, sentence 1
    Hedley Byrne & Co Ltd v Heller & Partners Ltd is an English tort law case on economic loss in English tort law resulting from a negligent misstatement.
View the Source
Hedley Byrne v Heller (Wikipedia)
Decided By: Judicial functions of the House of Lords, Infobox court field: House of LordsView the Source
Comments (0)
No comments yet. Be the first to share a thought.
Reader Challenges (0)
No disputes yet. Spotted an error or a better source? Open the first one.