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United Kingdom Leading Case duty of carepure economic lossprofessional negligence

Henderson v Merrett Syndicates Ltd

[1995] 2 AC 145
JurisdictionUnited Kingdom
CourtUK House of Lords
Year1995
StatusBinding authority

Summary

A professional who assumes responsibility for another's affairs owes a Hedley Byrne duty of care in tort for pure economic loss, concurrent with any contractual duty.

Key Principle

concurrent liability in contract and tort; assumption of responsibility

Area of Law

Tort — Duty of Care

Related Cases

Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4

Established duty of care categories apply directly; Caparo three-stage test is reserved for genuinely novel situations only.

Murphy v Brentwood District Council [1991] 1 AC 398

No duty of care in negligence for pure economic loss caused by defective buildings; expressly overruled Anns v Merton LBC.

Caparo Industries plc v Dickman [1990] 2 AC 605

Three-stage test for novel duty of care requires foreseeability of harm, proximity between parties, and that imposition of duty be fair, just and reasonable.

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