There have been a number of interesting judgments over the last two years concerning liability for negligent misstatements resulting in economic loss. This part of the seminar will look at decisions from the Supreme Court, the Court of Appeal and the High Court focusing in particular on the question of when a duty of care is owed. While there has not been a radical departure in approach from what has come before, these cases provide good illustrations of where the law currently sits in New Zealand. For that reason alone these cases are useful for practitioners to be aware of. Furthermore, the cases have raised and not satisfactorily answered certain questions. These questions include: the role that the concept of reasonable reliance plays in determining the duty of care owed by a statement maker; the interplay between consumer protection legislation and a claim for negligent misstatement; and the effect of the possibility of subsequent independent advice on establishing a duty of care for a negligent statement.
Roberts, Marcus, Causation and Reliance in New Zealand Negligence Cases (September 14, 2017). Auckland District Law Society CPD Seminar Paper, 2017.