Walsh v Jones Lang Lasalle

an update and affirmation of the great negligent misstatement case of Hedley Byrne v Heller given by the Supreme Court of Ireland (so of persuasive force but not binding precedent)

JLL sent Walsh a brochure for a property which overstated its floorspace by 20%. The brochure carried a disclaimer stating (in small print) that while “every care” had been taken in its preparation, prospective purchasers should “satisfy themselves as to the correctness of the information given”.

Walsh, a purchaser, sued, claiming JLL owed a duty of care, ought to have known he'd suffer a loss etc. etc.

Points to note:

• A disclaimer may be enough, depending on the circumstances, to rebut any duty of care;
• Liability for negligent misstatement requires the speaker to assume some responsibility, at least by implication;
• A disclaimer is not an exemption clause, but is evidence relevant to the existence of such a duty or care (i.e. that the speaker had not assumed the risk);

A disclaimer of a duty of care can be evidence that no duty of care is assumed