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  • negligent misrepresentation accounts for 3 out of 705 casebriefs.

Style of causeRatio

BG Checo International Ltd v British Columbia Hydro and Power Authority, [1993] 1 SCR 12

Concurrency rule: If the tort duty is not contradicted by the contract, it remains intact and may be sued upon.

Hedley Byrne & Co Ltd v Heller & Partners Ltd, [1964] AC 465

A duty of care can arise with respect to careless statements that cause pure economic loss (obiter)

As noted later, in Queen v Cognos Inc, [1993] 1 SCR 87, the Hedley Byrne test has 5 general requirements:
** 1. There must be a duty of care based on a “special relationship” between the representor and the representee.
** 2. The representation in question must be untrue, inaccurate, or misleading.
** 3. The representor must have acted negligently in making said misrepresentation.
** 4. The representee must have relied in a reasonable manner, on said negligent misrepresentation.
** 5. The reliance must have been detrimental to the representee in the sense that damages resulted.

Queen v Cognos Inc, [1993] 1 SCR 87

The Hedley Byrne test for negligent misrepresentation applies to representations made by an employer to a prospective employee in the course of an interview.