Negligent Misstatement flowchart:

Does a special relationship exist? Hedley Byrne v Heller The advice or information provided concerns a business or professional transaction, the nature of which makes clear the importance of influence attached to the answer The defendant either has some skill or ability so other could reasonably rely on his judgement, skill or ability The plaintiff reasonably relies on the advice or information given and suffers loss as a result of such reliance Damage would arise to the plaintiff if the defendant failed to exercise a standard of care sufficient to discharge the duty of care arising from the relationship

This test was refined by MLC Assurance Ltd v Evatt The speaker must have realised he was being trusted The subject matter must be of a business or serious nature The speaker must realise, or the circumstances must be such that that the speaker ought to have realised that the recipient intended to act on such advice The circumstances are such that it is reasonable in all the circumstances for the recipient to seek or to accept and to rely on the utterance of the speaker.

San Sebastian Pty Ltd v Minister Administering the Environmental Planning and Assessment Act 1979 A corporation shall not in trade or commerce engage in conduct that is misleading or deceptive or is likely to mislead or deceive. Section 18(1) Australian Consumer Law The same is said for any person in Fair Trading Act 1999 (Vic)