“…ndertaking. The principle on which DSS founds itself here is contained in cases such as Barclays Bank plc v Khaira [1992] 1 WLR 623, Cornish v Midland Bank plc [1985] 3 All ER 513 and Box v Midland Bank Ltd [1979] 2 Ll Rep 391. In short, a bank negotiating and contracting with another party owes in the first instance no duty to explain t…”
“…In some exceptional cases, a defendant may assume a responsibility to speak. In Cornish v Midland Bank plc [1985] 3 All ER 513, the Court of Appeal held that the explanation given by the defendant bank to the plaintiff about a second mortgage negligently misstated the position in breac…”