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found that a negligently-made statement (if relied upon) could be actionable provided a "special relationship" existed between the parties.

Subsequently in Esso Petroleum Co Ltd v Mardon, Lord Denning transported this tort into contract law, stating the rule as:

...if a man, who has or professes to have special knowledge or skill, makes a representation by virtue thereof to another...with the intention of inducing him to enter into a contract with him, he is under a duty to use reasonable care to see that the representation is correct, and that the advice, information or opinion is reliable.

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