Abstract

The courts have experienced difficulty in justifying the imposition of liability to third parties for negligent misstatements. The justifications ordinarily invoked relate to notions of assumption of responsibility and detrimental reliance. These can be seen, in turn, to rest upon a normative framework of give and take (or «mutuality») between statement makers and third party recipients. This article challenges the cogency of that normative framework and offers an alternative based upon the remedial nature of tort, which has traditionally focused upon the particular interactions by which wrongdoers have caused harm to others. The most important indicators of liability to third parties relate, in turn, to normatively significant features of the causal sequence between acting and the infliction of harm. These indicators, it is submitted, are (i) actual knowledge of the likelihood of harm if care is not taken and (ii) the tightness of the causal connection