Abstract
This article considers a tort which has received remarkably little comment: that found in s 138D(2) of the Financial Services and Markets Act 2000. The tort creates a very important consumer remedy in cases of mis-selling of financial products by banks and investment advisers. In tort terms it is a prime example of a modern form of breach of statutory duty. It is a statutory strict liability remedy for pure economic loss. The article will consider the features of the tort and how it operates in the context of other remedies: in particular, how the rules governing it influence concurrent claims brought in negligence.
| Original language | English |
|---|---|
| Pages (from-to) | 153-174 |
| Number of pages | 22 |
| Journal | Tottel's Journal of Professional Negligence |
| Volume | 33 |
| Issue number | 2 |
| Early online date | 1 Jul 2017 |
| Publication status | Published - Jul 2017 |
Keywords
- Law
- Financial services
- Tort liability