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Smith v Eric S Bush information


Smith v Eric S Bush
CourtHouse of Lords
Decided20 April 1989
Citations[1990] UKHL 1, [1989] 2 WLR 790; [1990] 1 AC 831
Case history
Prior actionsSmith [1988] QB 743 and Harris [1988] QB 835
Court membership
Judges sittingLord Keith of Kinkel, Lord Brandon of Oakbrook, Lord Templeman, Lord Griffiths and Lord Jauncey of Tullichettle
Case opinions
Lord Templeman, Lord Griffiths and Lord Jauncey

Smith v Eric S Bush [1990] UKHL 1 is an English tort law and contract law case, heard by the House of Lords. First, it concerned the existence of a duty of care in tort for negligent misstatements, not made directly to someone relying on the statement. Second, it concerned the reasonableness of a term excluding liability under the Unfair Contract Terms Act 1977, s 2(2) and s 11.

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