Answer both parts of this task. Part (i) is worth a maximum of 5 marks and Part (ii) is worth a maximum of 10 marks.

(i) List the elements of the tort of negligence.

(ii) Enrico is a mature age student who is half way through his Accounting Diploma course. He has let members of his soccer club believe that he is a qualified accountant and financial adviser. One month before the collapse of One-Up, an internet company, Enrico advised club members to buy every One-Up share they could. Neither he nor the members knew that most financial advisers had warned that One-Up was badly managed for some time. Several club members have lost a large sum of money because they followed Enrico's advice.

Explain giving reasons, whether they are likely to succeed in a legal action based on negligent misstatement. What are the implications of the Civil Liability Act (2002) in the area of negligent misstatement? (If there are none, simply state that this area is not specifically covered by the Act.)