Discuss the development of legal liability for negligent misstatement and how and why the approach to negligent misstatement differs from the approach to negligent conduct.

Here students are expected to demonstrate an understanding of how the law with respect to negligent words has developed differently from negligent conduct. This should lead to a discussion of Donoghue v. Stevenson and how the reasonable foreseeability test for determining duty that developed in that case related to conduct not words. Negligent words were initially thought not actionable, but that was changed in England and then in Canada (Haig v. Bamford). Students should show that they understand that the test to determine a person's responsibility for their careless conduct, as developed in these cases, was different from the test to determine whether a person was responsible for their careless words. Finally they should talk about the Anns case and how this can be applied so that the system is brought together. The second part of the Anns case test is applied to words and the duty reduced, etc. (as was demonstrated in the Hercules case).