6.4.0 Introductie

In English law, there is no general tort law liability provision comparable to section 6:162 in the Dutch Civil Code, section 1382 in the French Civil Code or sections 823 and 826 in the German Civil Code. Prospectus liability in tort is either based on the specific statutory liability provision of section 90 FSMA 2000 or based on the common law tort liability for deceit or negligence. Section 6.4.3.1 enumerates the elements to be proven by the claimant to establish the tort liability of deceit.

The common law tort for negligence is based on the principle that the defendant owes a duty of care towards the claimant. The courts determine on the basis of a set of criteria developed in case-law whether in the specific circumstances of the case a duty of care arises. This set of rules will be discussed in section 6.4.3.2.