The claimant suffered damages when the contractor he engaged to construct his swimming pool went into liquidation. Before employing him, he had consulted the defendant’s web-site which suggested that its members were checked for solvency on becoming members, and that their work was covered by a guarantee. The contractor was not a full member, but this was not clear.
Held: The claimant’s appeal against dismissal of his claim failed. The web-site was aimed at a class of people who might wish to instruct a member. However, there was no representation as to the continuing solvency of a member, and the claimants had not taken the steps recommended by the site before entering into a contract. The general law of negligence applied equally to the internet. Lady Smith dissented but would have put the claimant’s contributory negligence at 75%.
Judges:
Lord Clarke of Stone-cum-Ebony MR, Scott-Baker, Smith LJJ
Citations:
[2009] EWCA Civ 717
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Williams and Another v Natural Life Health Foods Ltd and Another HL 30-Apr-1998
A company director was not personally reliable in negligence for bad advice given by him as director unless it could clearly be shown that he had willingly accepted such personal responsibility. A special relationship involving an assumption of . .
Cited – HM Customs and Excise v Barclays Bank Plc HL 21-Jun-2006
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. . .
Cited – Precis (521) Plc v William M Mercer Ltd CA 15-Feb-2005
Purchasers of a company sought to claim in negligence against the respondent actuaries in respect of a valuation of the company’s pension funds.
Held: There was a paucity of authority as to when a duty of care was assumed. The words used and . .
Cited – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
Cited – BCCI (Overseas) Ltd v Price Waterhouse (No 2); Orse Bank of Credit and Commerce International (Overseas) Ltd v Price Waterhouse (No 2) CA 1998
Sir Brian Neill discussed three paths by which a duty of care might be imposed on a party: ‘1. The threefold test of foreseeability, proximity and fair, just and reasonable. 2. The assumption of responsibiy 3. The incremental approach He then . .
Lists of cited by and citing cases may be incomplete.
Negligence
Updated: 30 July 2022; Ref: scu.347739