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Pure economic loss

Rob Hogan Law W300 Bachelors Degree English

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Pure economic loss

  1. Not recoverable when result of damage to 3rd party property - Spartan Steel v Martin & Co 1973 (lost profits from cut elec. cable)

  2. Not recoverable when no physical damage - Weller & Co v Foot & Mouth Disease Research Inst 1966 (closed cattle market because D allowed F&M to escape

  3. Purchased house, discovered major flaws

    • Old law: Can recover against council - Anns v Merton 1978
    • Good law - No recovery for PEL Murphy v Brentwood DC 1991
    • Special case - Proximity of relationship meaning tortfeasor has duty to safeguard C from PEL - Junior Brooks v Veitchi 1983
  4. Negligent statement

    • Hedley Byrne & Co v Heller 1964 - D (bank) testifies to C of creditworthiness of third party, goes into liquidation, loss to C
      • HL found DoC exists (but C failed due to D's exclusion). Special relationship between giver and receiver of advice
        • D assumes responsibility due to special skill, knows of C's reliance
          • C reasonably relies on advice
      • Can apply outside business context: Chaudhry v Prabhakar 1989 (Friend's advice about second-hand car, when friend holds himself out to have knowledge)
      • DoC owed by health inspector to B&B who have unnecessary works done on his insistence - Welton v North Cornwall DC 1997
    • Caparo v Dickman 1990 - Four part test for special relationship
      • 1. Adviser knows purpose of advice
      • 2. Adviser knew advice would reach the advisee (specifically or as class of persons)
      • 3. Advisor knew advisee was likely to act on advice without further inquiry
      • 4. Advice actually acted on to advisee's detriment
      • Extension - Advice provided to third party at C's detriment (employment reference) - Spring v Guardian Assurance Plc 1995
      • Extension - duty from will-drafter to beneficiary not to delay in task - White v Jones 1995

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Description
Bachelors Degree Law W300 Mind Map on Pure economic loss, created by Rob Hogan on 24/05/2016.
Created by
Rob Hogan · May 2016
Updated
Jul 4, 2016
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