Mapa mental
Pure economic loss
Conteúdo do mapa
Pure economic loss
Not recoverable when result of damage to 3rd party property - Spartan Steel v Martin & Co 1973 (lost profits from cut elec. cable)
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
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
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
- D assumes responsibility due to special skill, knows of C's reliance
- 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
- HL found DoC exists (but C failed due to D's exclusion). Special relationship between giver and receiver of advice
- 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
- Hedley Byrne & Co v Heller 1964 - D (bank) testifies to C of creditworthiness of third party, goes into liquidation, loss to C
Informações
- Descrição
- Bachelors Degree Law W300 Mapa Mental sobre Pure economic loss, criado por Rob Hogan em 24-05-2016.
- Criado por
- Rob Hogan · mai 2016
- Atualizado
- 4 jul 2016
- Visualizações
- 3
- Avaliação