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  • negligent misrepresentation accounts for 4 out of 736 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.

Hummingbird Motors Ltd v Hobbs [1986] RTR 276

Amateurs are more likely to get away with qualifying facts as opinions.
An innocent but inaccurate statement if an accurate representation of party's knowledge and belief cannot amount to a misrepresentation.
A mere statement of opinion which proves to have been unfounded will not be treated as misrepresentation.

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.