Accg614 - week3

Lack of genuine consent to the agreement usual remedy

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Unformatted text preview: =on only when a ‘special rela=onship’ can be shown to exist between the par=es. (see Hedley Byrne & Co Ltd v. Heller & Partners Ltd [1964] and Esso Petroleum Co. Ltd v. Mardon [1976] ). •  Special rela=onship – based on the principles of negligence and the idea of a duty of care 20 Negligent Misrepresenta0on Guidelines in establishing Negligent Misrepresenta=on (similar to ‘Negligent Misstament’ but in the context of Contract Law) •  A special rela=onship exists between par=es such that the person providing the informa=on or advice must exercise a duty of care; •  Subject ma\er is of a serious or business nature; •  Person providing the advice realises that the recipient intends to act upon that advice or informa=on; •  It was...
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