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Hedley Byrne & Co Ltd v Heller & Partners Ltd
''Hedley Byrne & Co Ltd v Heller & Partners Ltd'' () AC 465 is an English tort law case on pure economic loss resulting from a negligent misstatement. Prior to the decision, the notion that a party may owe another a duty of care for statements made in reliance had been rejected,〔See ''Candler v Crane, Christmas & Co'' () 2 KB 164〕 with the only remedy for such losses being in contract law.〔Elliott, Quinn, p. 25〕 The House of Lords overruled the previous position, in recognising liability for pure economic loss not arising from a contractual relationship, introducing the idea of "assumption of responsibility".
==Facts==
Hedley Byrne were a firm of advertising agents. A customer, Easipower Ltd, put in a large order. Hedley Byrne wanted to check their financial position, and creditworthiness, and subsequently asked their bank, National Provincial Bank, to get a report from Easipower’s bank, Heller & Partners Ltd., who replied in a letter that was headed,
"without responsibility on the part of this bank"
It said that Easipower was,
"considered good for its ordinary business engagements".
The letter was sent for free. Easipower went into liquidation, and Hedley Byrne lost £17,000 on contracts. Hedley Byrne sued Heller & Partners for negligence, claiming that the information was given negligently and was misleading. Heller & Partners argued there was no duty of care owed regarding the statements, and, in any case, liability was excluded.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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