<P> "considered good for its ordinary business engagements". </P> <P> The letter was sent for free . Easipower went into liquidation, and Hedley Byrne lost £ 17,000 on contracts . Hedley Byrne sued Heller & Partners for negligence, claiming that the information was given negligently and was misleading . Heller & Partners argued there was no duty of care owed regarding the statements, and, in any case, liability was excluded . </P> <P> The court found that the relationship between the parties was "sufficiently proximate" as to create a duty of care . It was reasonable for them to have known that the information that they had given would likely have been relied upon for entering into a contract of some sort . That would give rise, the court said, to a "special relationship", in which the defendant would have to take sufficient care in giving advice to avoid negligence liability . However, on the facts, the disclaimer was found to be sufficient to discharge any duty created by Heller's actions . There were no orders for damages, because, </P> <Table> <Tr> <Td> "</Td> <Td> A man cannot be said voluntarily to be undertaking a responsibility if at the very moment when he is said to be accepting it he declares that in fact he is not . </Td> <Td>" </Td> </Tr> </Table>

Hedley byrne & co v heller & partners