English Law Basics · glossary
A claim in tort that someone owed a duty of care, broke it by being careless, and caused damage. A seller is not careless because a machine it sold failed. So the word adds nothing to Marrowby’s claim. Research note 5, answer (internal) · Chapter 7 · see Duty of care, Pure economic loss
Explained in Chapter 7, Negligence and Misrepresentation: Tort Beside Contract, of English Law Basics.
A claim in negligence is a claim in tort (a civil wrong, no contract needed): it says that someone was careless and caused harm. A claim in misrepresentation rests on the Misrepresentation Act 1967: it says that a false statement led the other side into the contract. Each has its own test, and you apply each on its own.Read Chapter 7, Negligence and Misrepresentation: Tort Beside Contract →
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