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(b) That's right. When the conduct causing purely economic loss consists of a misrepresentation, such as giving wrong information or advice, the courts have been concerned to limit the existence of a duty of care because of the potentially large number of such cases. This means that there are additional requirements that must be satisfied in order to establish a duty of care in such cases.

The rule is that a duty of care only exists in such cases if:

  • the speaker ought to have realised in the circumstances that they were being relied on to give accurate information or advice on the basis of which the other party might decide to act; AND
  • it was reasonable for the other party to act on that information or advice given.

Shaddock & Associates Pty Ltd v Parramatta City Council (No 1) (1981) 150 CLR 225.

Esanda Finance Corporation Ltd v Peat Marwick Hungerfords (Reg) (1997) 188 CLR 241.