What is a voluntary assumption of responsibility in Tort law? The Hedley Byrne Principles. скачать в хорошем качестве

What is a voluntary assumption of responsibility in Tort law? The Hedley Byrne Principles.

In this video I take a close at 'voluntary assumption of responsibility', one of the criteria in the Hedley Byrne principle. With reference to case law and the House of Lords decision in Hedley Byrne v Heller and Partners [1964], I provide answers to the following 3 questions: 1. How does the court determine if a defendant has voluntarily assumed responsibility towards another? 2. What if the defendant did not know the claimant existed when they gave out the information? 3. Does the use of a disclaimer mean that the defendant has not voluntarily assumed responsibility towards the claimant? To answer the first question, I examine Lord Reid's judgement in Hedley Byrne v Heller and Partners [1964]. I outline the 3 options Lord Reid said a defendant has when asked to provide information, and I explain which of these will lead the court to determine that the defendant has voluntarily assumed responsibility toward the claimant. To answer the second question, I examine the case Goodwill v British Pregnancy Advisory Board (1996) and explain the court's judgement. To answer the third question, I explain how the disclaimer in Hedley Byrne v Heller & Partners impacted that decision. Following that explanation, the cases Omega Trust Co Ltd v Wright, Son & Pepper (1997), McCullagh v Lane Fox & Partners Ltd (1996) and Smith v Eric S bush (1990) are discussed to show how the law has changed since the decision reached in Hedley Byrne v Heller & Partners [1964]. What to watch next: A Case Summary of Hedley Byrne v Heller & Partners [1964]   • Hedley Byrne v Heller & Partners. Why Hedl...   The disclaimer in Hedley Byrne v Heller. No voluntary assumption of responsibility    • Hedley Byrne v Heller & Partners. Why Hedl...   The Hedley Byrne Principle and the Special Relationship explained.    • What is the 'Hedley Byrne' principle? How ...   Why Hedley Byrne lost in the House of Lords    • The disclaimer in Hedley Byrne v Heller= N...   Hedley Byrne v Heller & Partners in the House of Lords. The House of Lords judgement.   • Hedley Byrne v Heller & Partners in the Ho...