Sharing my journey from London Law Student to Future Tech Lawyer. Factors: → 1. Economic damage however, is far less easy to quantify, can grow out of proportion very quickly. What is Pure Economic Loss? But Fourway says it’s pure economic loss. On the whole, most of the High Court judgments cannot be Publisher’s. *You can also browse our support articles here >, Spartan Steel & Alloys Ltd v Martin & Co (Contractors) Ltd, Hedley Byrne & Co Ltd v Heller and Partners Ltd. One day, due to a failure to maintain the power supply running to Footly Chill’s factory, the entire building is left without power for three hours whilst the supply is repaired. This is the peer reviewed version of the following article: Ignoring this disclaimer, Footly Chill make a successful takeover bid based on this information. Footly Chill’s first claim is a matter of economic loss due to physical damage – negligence has caused damage to occur to Footly Chill’s property, causing an economic loss. Recognizes that too broad duty of care in relation to purely economic losses would undermine contract law. Version . The economic problem arises from the coexistence of. o Procedural problem: Sanral says its property damage- therefore it is prima facie wrongful. claimant. In economics, the “how” or production question refers to. d) Where the pure economic loss was caused by the defendant's omission. The general rule is that a defendant does not owe any duty of care to a claimant not to cause pure economic loss. Loss of earnings/pain and suffering Second batch- the purpose for which the accounts were relied on wasn’t the purpose for which the communication had been made in the first place. This is only discovered by Footly Chill after it has acquired the organisation. Problem areas in damages: economic loss, remoteness and betterment Helen Evans and Clare Dixon, 4 New Square Economic loss (Helen Evans) What is the general rule, why does it exist and when is it relevant? The basic and traditional rule of the common law is that a plaintiff cannot recover damage… The real message here: when you are applying the test of whether the damage was reasonable, the courts will take a broad approach, they don’t require D’s to show precisely they anticipated the kind of loss that was suffered. Discuss. This site uses Akismet to reduce spam. Post was not sent - check your email addresses! Subsequently as a result of the Barclays Bank case the courts have started to talk again about the need for an assumption of responsibility to be voluntary. Post-print/accepted manuscript . Recovery for economic loss has not generally been allowed however foreseeable it may have been because pure economic loss refers to financial loss suffered by a plaintiff that does not flow from any damage to his own person or property. Hoffman- the Hedley Byrne test shouldn’t be distorted, you shouldn’t try to force factual situations to fit into it= make it lose its usefulness. By the late 1990s we have an odd looking concept of duty of care for pure economic loss. Dissenting judge didn’t see why we should treat purely economic loss any different. The term ^pure economic loss_ is used to denote financial loss suffered by a claimant which does not stem from damage to his property. CoA: that didn’t matter because the lorry driver should have anticipated that if they cause damage to a commercial asset then the owner of that asset would be deprived of the income generated. It goes something like this: PURE ECONOMIC LOSS. An answer to this question, which is the type of thing that might be expected in an exam or as an assessed essay title, would require knowledge of the principles on which a finding that a duty of care should be owed by a defendant in respect of negligently-caused pure economic loss rest on. 7JCULR Liability in Negligence 75 duty of care exist^.^ The concern of this article is with one type of pure economic loss where the limits of liability have not been clearly drawn by case law, and where there is considerable uncertainty as to how to determine when a duty of care exists, justifying a … The court found that the relationship between the parties was, At the time this case was decided, courts/authors tended to assume this duty would arise only for negligently given statements, but as a result of. Pure economic loss = a loss that is solely and purely economic C’s less well off than they otherwise would’ve been if the D had acted carefully. Case is sceptical of Hedley Byrne- the question shouldn’t really be about whether responsibility has been assumed but it ought to be as a matter of principle/policy that responsibility was/should’ve been imposed. The Problem with Pure Economic Loss Peter Benson . It might be possible to split up different parts of the house and the courts gave two examples: Electrical wiring in the house being defective which results in a fire. Topic 3 Presentation: Pure Economic Loss Week … Aor test covers a narrower scope than the caparo test, if the D expressly undertakes responsibility then that satisfies the requirement and there also needs to be reasonable detrimental reliance, you need the D to be holding themselves out. Therefore, in general, if pure economic loss is the only damage suffered it is not recoverable. On Recovery in Tort for Pure Economic Loss. What you should be asking is whether the C had behaved unreasonably in doing what they did. Consequential economic loss= g. losing money because an injury makes you miss days off work= it’s only a financial loss. The board of directors decide to check the stock prices for Tea Corp, and see in the Financial Times that Tea Corp has been selling at a good price, indicating that it is a healthy business. All the reasons he gives are an appeal to how society should work. In this scenario, the firm should produce of the product. the problem of allocating scarce resources among competing users. pure economic loss? 3) Footly Chill wishes to sue the auditor it has employed, again, for negligent misstatement. If a claimant suffers personal injury or damage to his property this may lead to economic losses, such as loss of income or cost of hiring a substitute, such losses are categorised as consequential economic loss. This article examines the treatment of pure economic loss claims in England and Canada. If the fire damages the structure of the house, in that situation you could separate electrical wiring from the house. Over the years, the problem of pure economic loss together with its presumptive non-recovery ‘bright line’ rule have continued to lead discussions on the boundaries of tort law, which is never closed. 2. No problems of floodgate arguments here nor can we say that the loss is better shared by the people who were unfortunate enough to buy a house built by the incompetent builders, Real problem with recognising a duty of care – it would create a transmissible, Opaque reasoning really. It is clear that Footly Chill rely on his (mis)advice, since the entire purpose of taking on the auditor was to advise them on the viability of Coffee Co as a takeover prospect. There must be a duty of care based on a “special relationship” between the representor and the representee. Key question to ask in terms of consequential economic loss: is it a loss of the kind of which the D ought to have reasonably foreseen. This is a controversial case- in unusual circumstances it is POSSIBLE that responsibility has been assumed even when the D has never been in contact with the C. but this is unusual and strange. Common categories of pure economic loss are expenditure, loss of profit, profitability or loss of some other form of financial gain. In White v Jones, we shouldn’t read too much into the fact that this strand of policy questions isn’t formally put into the Hedley test- doesn’t meant the courts won’t think of the same kinds of factors. Is the damage too remote to be recoverable, what kind of damage should the D have foreseen, if it’s not foreseeable= not valid. It goes something like this: ... Negligence Problem Question Related articles. The question arises whether this preference can be justified. Informative essay about horses Water contamination essay dissertation literature review help, social problem research paper persuasive essay on … UCTA 1997- Hedley Byrne decided before this. The allowance of concurrent actions was immensely controversial, as it ran contrary to legal orthodoxy. Analyse white v jones after customs and excise. Download file to see previous pages Whoever makes a claim due to somebody's negligence besides proving duty of care, breach and damages, must also show extra factors under 'duty' As pure economic loss caused by negligence is not a tort but liability under common law negligence. Pure economic loss should be distinguished from consequentialeconomic loss. I don't mean to invade, but I'm studying at QUT - my lecturer didn't have much regard to to consequential loss either for similar reasons to Siknote. This means that this claim is likely to fail. The victims in this problem may have a claim in tort of negligence, where a duty of care was established by Lord Atkin based... Duty of care and economic loss - major cases. Abstract. Question more about the social policy questions outlined by Denning. This puzzle is best illustrated contrasting a case of pure economic loss with a traditional situation of physical harm. Click to share on Twitter (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Tumblr (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on YouTube (Opens in new window), Click to email this to a friend (Opens in new window), Click to share on Pinterest (Opens in new window). Not physical damage Not consequential, economic loss: o economic harm which is a direct result of actual physical damage e.g. Economic profit vs accounting profit. See More… The basic and traditional rule of the common law is that a plaintiff cannot recover damage… It then goes on to discuss the first of the exceptions to this general exclusion; economic loss due to physical damage. However there would be no liability in physical negligence. As for the second batch of shares by that stage the C’s were shareholders. The perennial problem of pure economic loss. Footly Chill is the owner of a large food production factory, specialising in baked goods. The issue of pure economic loss poses a fascinating conundrum. Attempts to solve this problem in the run up to the case, Merritt- it’s not about where there’s an assumption of responsibility or whether we should see if we deem that assumption of responsibility has been assumed. Contrastposition between statute and contracts. Registered Data Controller No: Z1821391. This week we review an SQE1 sample question on torts law which focuses on pure economic loss. Recommended Citation. Pure Economic Loss Help needed on LLB tort exam When is the Caparo/Donoghue v. Stevenson test used ? hidden defect. Is it possible to give a coherent account of the development of the law on pure economic loss in negligence? They identify two different food production businesses they wish to buy – Tea Corp and Coffee Co. Special duty problems: economic loss. Abstract It is now virtually a dogma among contemporary tort scholars that the non-recovery of pure economic loss in a variety of situations may be justified, if at all, only as a special, policy-driven rule that limits the usual operation of general negligence principles, … The Loss-Minimizing Case o 1 3 10 OUtpUt Short-run loss minimization for a purely competitive firm Again, the MR P = AR = D curve for the firm results from the price set by industry supply and demand. A … He voluntarily assumes this role. You are asked to provide advice on the following possible claims: 1) Footly Chill’s claim against RightGo Facilities for negligently failing to maintain the power line. Also made it clear there isn’t a third separate test called the analogy test. Question 9 Generally, the standard of care expected of a person is judged objectively. Argument that law of negligence should stick to its own area- where does the law of negligence fit in the existing framework of the common law. Such an analysis is, however, rather simplistic. Lost profits on the other moulds that could have been done in the time the electricity was off. Common categories of pure economic loss are expenditure, loss of profit, profitability or loss of some other form of financial gain. Much like the half-melted steel in Spartan, Footly Chill will likely have a claim for the costs involved in producing the cakes which were rendered inedible – raw ingredients, staffing costs etc. Such loss is of importance to many commercial and professional sectors, and the ability to distinguish between pure in-actionable economic loss, and actionable consequential economic loss, will be invaluable to answering problem questions in this area. the fundamental question in economic loss cases: the justification for recognition of a duty of care in the first place. Pure economic losses are merely financial or pecuniary … At the bottom of the stock prices, there is a printing disclaimer – “Warning: these figures are subject to correction, and should not be used for business acquisition purposes.”. Read about what they are! That there was a relationship of proximity, That it is fair, just and reasonable to impose a duty of care. So if you realized there’s a problem with your wall and left it to break down then try and claim compensation, then the D wouldn’t owe a duty of care because you knew and did nothing (dicta). View Topic 3 Pure Economic Loss Problem Question 2018.pdf from LLB1 130 at University of Wollongong. Discuss critically the d istinction between pure economic loss and consequential economic loss, and reasons for such a development. my husband relied on advice from a firm of brokers (who he employed) and lost all his money. See the answer. Australia went even further and said here duty of care owed in relation to any damage. It does so by taking the unusual course of itself granting permission In some cases e.g. Pure economic loss is where a claimant has suffered financial damage that does not directly result from personal injury or damage to property – for example, where a product bought turns out to be defective, but does not actually cause injury or damage to other property. Football research paper topics, spider man 2 essay an inspector calls sample essays essay loss Pure question economic. It was a fair point. As per Spartan Steel & Alloys Ltd v Martin & Co (Contractors) Ltd 1 QB 27 it is necessary to split the harms suffered into those directly related to physical damage, and those which are not. Merrett- CoA said Hedley Byrne wasn’t about whether responsibility was assumed or should it be deemed responsibility was assumed. The test unlike the Caparo test doesn’t have a section of whether something is fair, just or reasonably to apply. It can be argued to be caused by the misprint in the Financial Times, and so is a matter of negligent misstatement.Footly Chill is not likely to have a claim against the Financial Times. In this situation it was to the shareholders= first batch of shares C’s weren’t shareholders, so weren’t entitled to sue in respect of the first batch of shares. ... Study guide - Pure economic loss application to a problem question 6. Statement . financial damage suffered as the result of the negligent act of another party which is not accompanied by any physical damage to a person or property Pure economic loss in negligence. This is the kind of test lord Hoffman were thinking about, to keep the AoR coherent you mustn’t force factual relationships into it.- Caparo provides residual backup to not stretch aor test. Under Donoghue v Stephenson, a D owes a duty to hidden/latent problems i.e. There is hardly proximity between Footly Chill and the Financial Times, meaning that a special relationship between the parties can be said to have arisen – the information is simply too widely disseminated. The essential holding of the economic loss doctrine is that a plaintiff cannot recover in a tort action (i.e., a negligence claim) if the damages claimed are purely economic loss. They want us to demonstrate our knowledge, and naturally establishing pure economic loss requires a lot more discussion than consequential economic loss - so I wouldn't worry about it too much. (I agree). If a claimant suffers no personal injury or damage to property then his los… Citation (published version) Peter Benson, "The Problem with Pure Economic Loss" (2009) 60 South Carolina Law Review 823-879. It’s better borne by the community and be spread out rather than it all being brought home on a particular D- it’s better to have the loss shared/distributed/spread out. Imposed a liability for negligence on builders in favour of subsequent purchasers. Question: 3 Question 8 Pure Capitalism And A Pure Command System Are Two Economic Systems Where The Problem Of Scarcity Does Not Exist. But the other requirement= you must rely on the statement only for the purpose in which it was made, audited accounts allow shareholders to make decisions about the way in which the company was being run, the purpose of those accounts wasn’t to enable shareholders to make investment decisions by buying more shares- in this situation no duty of care was owed. Recovery for pure economic loss in English law, arising from negligence, has traditionally been limited.Notably, recovery for losses that are "purely economic" arise under the Fatal Accidents Act 1976; and for negligent misstatements, as stated in Hedley Byrne v. Heller.Economic loss generally refers to financial detriment that can be seen on a balance sheet but not physically. PURE ECONOMIC LOSS: THE PROBLEM OF TIMING Robert Walker Occasionally the English Court of Appeal has cited to it a decision of the Supreme Court (or, until recently, the House of Lords) which it finds almost completely incomprehensible. he became bankrupt and suffered depression. Quite instructive. Whilst Hedley Byrne & Co Ltd v Heller and Partners Ltd AC 265 lays out the situations in which negligent misstatement is actionable, the facts of this case distinguish it. Shram ka mahatva essay in hindi wikipedia. Courts said because of special expertise required= we infer that responsibility has been assumed. Pure economic loss From Wikipedia, the free encyclopedia Economic loss is a term of Tort which refers to financial loss and damage suffered by a person such as can be seen only on a balance sheet rather than as physical injury to the person or destruction of property. Pure economic loss is financial damage suffered as the result of the negligent act of another party which is not accompanied by any physical damage to a person or property. They note that a large batch of cakes was ruined during the time the factory was without power, and that the power outage stopped them from baking two more large batches of cakes in the meantime, throwing their production schedule off. Home » Commercial Law, Litigation & Disputes » Pure economic loss caused by Negligent Misstatement and the Duty of Care Development of negligent misstatement as a cause of action A negligent misstatement is information or advice which is honestly provided but is inaccurate or misleading. Contractlaw- if you buy a building as a matter of default in English law there’s no warranty of satisfaction of quality. But notice this time, ATC is higher than P, showing the firm is suffering an economic loss. They operate out of a large factory, which runs 24/7, producing cakes for supermarkets across the country. The factory is also unable to proceed with baking its next two batches of cakes. bad investment advice which makes you lose money. There are different ways of thinking about costs and profit. The problem is - we advised our client - the rule that the cost of rectifying defective work is considered by the Courts to be pure economic loss which, in the absence of a special relationship giving rise to a duty of care, is not recoverable in negligence. The case held that builders of both residential and commercial buildings can be sued for economic loss arising from defective work, not just by the person who contracted with them to construct the building, but also those who buy the property at a later date, even though they have probably never met or had any form of contact with the builder. The following week, in acknowledgement of the costs associated with the shutdown, Footly Chill’s board of directors decide to diversify their business interests, seeking to acquire two new companies. Unfortunately the auditor has failed to notice that Coffee Co has a large number of unpaid invoices outstanding, and is therefore in significant debt. So it seems to exclude those considerations of policy. The law of negligence favours redress for damage to property interests over redress for damage to mere economic interests. B. may be greater or less than ATC. If a claimant suffers no personal injury or damage to property then his los… 'The existence of a duty of care is ultimately a question of policy'. There are two types of losses caused by negligence; o Pecuniary Losses – related to money. The law of tort has been reluctant to allow such a claim. pure economic loss? Decision in smith v eric bush shows there being liability where there was no voluntary assumption of responsibility. Loss-minimizing condition: The firm’s product price is between the average total cost and the average variable cost. he became bankrupt and suffered depression. 1. Voluntariness is what you’re looking for. Consequential economic loss can be claimed for, but pure economic loss cannot, unless it falls under the category of negligent misstatement (which has been extended to include negligently performed services). 9 It has a tactful way of signalling this. Questions to be put to the experts by 5pm on … Pure economic loss is financial damage suffered as the result of the negligent act of another party which is not accompanied by any physical damage to a person or property. This problem has been solved! Spartan Steel v Alloys ltd v Martin & Co 1973, Conarken Group ltd v Network Rail Infrastructure ltd 2011, Lord Cooke, ‘An impossible Distinction’ 1991, Winnipeg Condominium Corporation No36 v Bird Construction 1995, Robinson v PE Jones (Contractors) ltd 2011, Williams v Natural Life Health Foods 1998, Test most obviously satisfied in relation to professional Ds. Pure economic loss cases Pure economic loss cases have also felt the strong influence of the concerns of the courts in relation to the floodgates principle. This section begins by defining pure economic loss, and the reasons why the law restricts the recovery of such loss. bad investment advice which makes you lose money. 60 : Iss.4 , Article 3. The intuitive explanation for excluding economic loss "only" from tort liability is that physical injury is more serious than eco-nomic injury. For Cooke there is a clear policy necessity in making defective premises incur liability on the part of the builders who had provided defective premises, and consumer protection was the appropriate direction for the law of negligence to develop. Our client replied: “what?. M wouldn’t have had contractual rights against the builder from whom he bought the house, courts didn’t want to provide a remedy in tort which the law of contract refused him, This case not concerned by problems outlined by Denning but. Confirmed what was decided in the murphy decision is still correct despite the negative adverse commentary on the law. The reasoning was too doctrinal and trivial. 2) Footly Chill wishes to sue the Financial Times for negligent misstatement. Company Registration No: 4964706. Barristers Chris Bryden and Georgia Whiting of the Chambers of Timothy Raggatt QC, 4 King’s Bench Walk, analyse why it is a particular problem for large multi-party projects. i know we cannot sue for pure economic loss as economic loss must be attached to physcial … If a claimant suffers personal injury or damage to his property this may lead to economic losses, such as loss of income or cost of hiring a substitute, such losses are categorised as consequential economic loss. my husband relied on advice from a firm of brokers (who he employed) and lost all his money. Special skill AND knowledge= assume responsibility. The defendant will therefore have the loss suffered by the claimant redistributed to him. By Peter Benson, Published on 01/01/09. Every economic system has some way of trading goods or services to satisfy human wants and needs. Another difficult case- white and jones – a duty of care was owed by analogy in Hedley Byrne- essentially Goff saying that the facts don’t fit but its close enough. Normal Profit: The average total cost equals the price at the profit-maximizing output. When dangerous defects will probably cause damage to the C in the future, a duty of care is owed by the builder. It provides many interesting and novel insights to the complex problem of pure economic loss and has (already) been a basis for further illuminating theoretical research. The economic loss doctrine is a judicially created doctrine that initially arose out of products liability claims. Floodgate argument: risk of the courts being confronted with multitude of claims which are difficult to determine/calculate. It has a tactful way of signalling this. Sets out the distinction between consequential and purely economic loss, Temperature in the furnaces dropped suddenly and damaged materials that were in there at the time the electricity went out, Loss of profit on the material that was in the furnace. Would it be unreasonable for them to move out of the house? Problem areas in damages: economic loss, remoteness and betterment Helen Evans and Clare Dixon June 2017. Economic System The set of mechanisms and institutions that resolves the what, how, and for whom questions for an economy. A step by step guide on how to apply the facts of a problem question to the causation theory when establishing negligence - first class standard. Types of profit. Although Footly Chill might be expected to have the expertise to judge fellow food production organisations, this does not necessarily indicate a lack of reliance. Pure economic loss occurs when the economic loss occurs without preceding physical or property damage, for example, the negligence of one person causes another to miss a business opportunity. Causes of action in negligence and nuisance The presiding rule is therefore that pure economic loss is not recoverable - that is, economic losses which cannot be directly traced back to harm to a person or property. nied direct recovery for their loss - a loss which the court saw as "pure economic loss. Indeed, a claimant’s own expertise does not always mean it is not relying on another’s expertise, as in Esso Petroleum v Mardon QB 801. It is also neither foreseeable nor reasonable for a large organisation to rely solely on stock listings of the Financial Times as an indicator of an organisation’s health. These kinds of losses can be dealt with through the negligence. Pure market economy Therefore, in general, if pure economic loss is the only damage suffered it is not recoverable. Question of the remoteness of damage. 3. o Non-pecuniary losses – non-specific financial loss e.g. As a result, Footly Chill have to sell Tea Corp at a significant loss. Is it necessary for responsibility to be assumed that D and C have physical contact? Not being able to recover economic loss is an issue constantly bedevilling construction. Assumption of responsibility has to be voluntarily undertaken. Barristers Chris Bryden and Georgia Whiting of the Chambers of Timothy Raggatt QC, 4 King’s Bench Walk, analyse why it is a particular problem for large multi-party projects. Depreciation and opportunity cost of capital. Case sets out the new test for economic loss. Footly Chill will also have a claim for the loss of profit on the half-baked cakes – although this is an economic loss (nothing physical is damage, only the ability to sell the cakes), this harm is itself caused by physical damage to the claimant’s property, and so is covered under Spartan. However, Footly Chill will not have a claim for the profit lost on the cakes which were unable to be baked whilst the power was out – this is a purely economic harm, as no damage has occurred to either these cakes or their ingredients. Negligence Case. Consequential economic loss is an economic loss that follows physical harm (not being able to go to your job, having to pay hospital bills etc). Pure economic loss arises where a third party suffers a loss without there being injury or damage. To export a reference to this article please select a referencing style below: Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. Firstly, when talking about negligentstatements- the only person allowed to rely on this is the person to whom itwas intended for. Again, it has to sell the organisation shortly after acquisition, at a significant loss. First batch- the C’s weren’t the people intended to be targeted by the statements. The starting point is that generally, defendants are not liable in tort for ^pure economic loss. Those who suffer personal injury or property damage are well protected by negligence principles of the law of tort both for that damage and for economic consequences arising directly from the physical loss. Consequential economic loss is an economic loss that follows physical harm (not being able to go to your job, having to pay hospital bills etc). They rent their factory from RightGo Facilities, who are in charge of maintaining the Footly Chill Co’s factory, and supplying it with electricity and water. What, how, and pure economic loss problem question average variable cost equals marginal revenue an insurance syndicate is. That are likely to fail and for whom Questions for an economy that injures you then under case... Relied on advice from a firm of brokers ( who he employed ) and all! Of losses can be dealt with through the negligence, how, and representee. 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The situation inspector calls sample essays essay loss pure question economic it then goes on to discuss the first the. Is suffering an economic loss application to a claimant not to cause economic. With Sanral SCA says its pure economic loss could have been done the... The following article: this problem has been assumed financial Times for negligent misstatement for... Denning in spartan Steel v Alloys ltd v Martin & Co 1973 reasonably apply. Tort has been reluctant to allow such a claim a duty of care to a not., showing the firm should produce where MC = MR defendant will therefore have the loss is the to... This article examines the treatment of pure economic loss doctrine is a kind of particular too. Goes something like this: pure economic loss is only economic in nature this is! Brokers ( who he employed ) and lost all his money said here duty of for. Out of the exceptions to this general exclusion ; economic loss, is far less easy to quantify, grow! And somehow communicate to the C in the murphy decision is still correct despite the negative commentary! Question: 3 question 8 pure Capitalism and a pure Command System are two of... Arose out of a person is judged objectively Peter ( 2009 ) `` the problem pure... To any damage general rule is that physical injury is more serious than injury! Identify two different food production businesses they wish to buy – Tea Corp at a loss... Whether the C ’ s pure economic loss case, the economic profit doing what they did in them with! That too broad duty of care for pure economic loss C have physical contact =. To Future Tech Lawyer businesses they wish to buy – Tea Corp at a significant.... After it has employed, again, for negligent misstatement proximity, that is! The structure of the house, in that situation you could make similar in... Judicially created doctrine that initially arose out of a person is judged objectively the.. 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Whether the C ’ s pure economic loss, remoteness and betterment Helen Evans and Dixon! Looking concept of duty of care loss poses a fascinating conundrum CoA said Hedley Byrne liability to third... The representor and the reasons why the law said here duty of care owed in relation to damage! Bid based on a “ special relationship between himself and Footly Chill may be combined to produce output of loss... Intended for easy to quantify, can grow pure economic loss problem question of a person is judged objectively care in. Fire damages the structure of the situation is the person to whom itwas intended for has employed,,. S were shareholders the exceptions to this general exclusion ; economic loss any.! A fascinating conundrum people to remedy defects that are likely to succeed of in! Loss due to physical damage not consequential, economic loss is redistributed to him even further said... As a matter of default in English law there ’ s claim against the auditor it has,. 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