Housing Association miss sold property -Help/Advice needed

[Openlaw15]

Re: Housing Association miss sold property -Help/Advice needed

Yes, agreed, but that would be a contractual claim (under Misreps Act 1967) providing there is still an enforceable contract.

Reliance on a statement that causes loss will may give rise to a claim in negligence but the notional rules of a duty of care will apply. That is either the 3 stage test Caparo test, the assumption of responsibility test, or the incremental test.

As far as I am aware, in the absence of a special relationship (which is likely to exist in contract anyway) there can be no claim for economic loss that is not directly linked to the damage, whether the loss is calculable or not, unless the loss results from negligent advice -Hedley Byrne v Heller [1967] or from a negligent service - White v Jones [1995].

Large commercial undertaking are different to unequal undertakings, as are non commercial litigants different again. The pure economic loss rules have to reflect theses various circumstances. A commercial company has certain standard terms and the other party has their standard terms, so one will be liable to the other otherwise commercial men will be manipulating the law by incorporating into the contract its own terms and making misrepresentations which consequence is to the other's detriment. This is why there are exemption clause tests to get around exemption clauses which endeavour to avoid tort liability.

A claim for negligent (even honest) misrepresentation is possible for pure economic loss: Hedley (1967). Pure economic loss claim will apply where there is a contract therefore. However a disclaimer to the contrary will render a pure economic loss claim ineffective: Hedley. Hedley is the exception to the pure economic loss rules, not the rule that pure economic loss is not recoverable.

[Ripped-Off]

Re: Housing Association miss sold property -Help/Advice needed