Caparo purchased shares in Fidelity relying on audited accounts prepared by Touche Ross. The accounts were allegedly negligent, overstating profits. Caparo sued the auditors claiming they owed a duty of care. The House of Lords held auditors owe no duty to individual shareholders for investment decisions or to potential investors,...
Facts Mr. and Mrs. O’Brien were joint owners of their matrimonial home. Mr. O’Brien’s company, in which Mrs. O’Brien had no interest, required an increased overdraft facility from Barclays Bank. The bank agreed, on the condition that it was secured by a second charge over the O’Briens’ home. Mr. O’Brien...
Facts The plaintiff, Mrs Fay Adler, was a first-class passenger on the P. & O. steamship ‘Himalaya’ for a cruise. Her ticket, which constituted the contract of carriage with the company, contained an exemption clause. This clause stated that passengers were carried at their own risk and that the company...