IBL Lecture 8 - Autumn 2009

Seehedleybyrneltdvhellerpartners1964ac

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Unformatted text preview: decision of the House of Lords in Hedley Byrne Ltd v Heller & Partners [1964] AC 465. The position in Australia is simply, if a person is deliberately held out as being competent to give information or advice, and if she or he realises that they are being trusted to give correct advice or information, and if it is reasonable for the other party to rely on that advice or information, then the representor will be liable, due to negligence, if the information or advice is incorrect. See Hedley Byrne Ltd v Heller & Partners [1964] AC 465 and Shaddock & Associates Pty Ltd v Parramatta City Council (1981) 150 CLR 25 Legislative response to false statements Generally, there are no remedies under the common law Generally, there are no remedies under the common law for false: statements of Law; statements as to future conduct or intention; statements of Opinion; or for: ‘puffs’; or silence or non­disclosure; However, remedies may exist under the Trade Practices Act 1974 (Cth) (“TPA”) and Fair Trading Act 1987 (NSW) Legislative response to false statements statements Consumer protection legislation....
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