Economic loss

Cards (11)

  • What is the principle regarding economic loss in tort law?
    No duty of care for pure economic loss
  • In which case was it established that no duty of care is owed to avoid pure economic loss?
    Spartan Steel & Alloys v Martin
  • When can liability be imposed for economic loss?
    When caused by negligent misstatement
  • What case established liability for negligent misstatement?
    Healey Byrne v Heller & Partners Ltd
  • What must occur for a defendant to be liable for negligent misstatement?
    Statement must be inaccurate due to negligence
  • What are the conditions for a duty of care in making a statement?
    Special relationship must exist
  • What are the criteria for establishing a special relationship in negligent misstatement?
    • D has a special skill related to the statement
    • D knows the claimant will likely rely on it
    • D knows the identity of the claimant
    • Claimant relies on it, causing economic loss
    • It is reasonable for the claimant to rely on it
  • What was the outcome in Chaundhry v Prabhakar?
    C suffered economic loss from unroadworthy car
  • Why did C rely on D's advice in Chaundhry v Prabhakar?
    C believed D was knowledgeable about cars
  • What was the situation in JEB Fasteners v Bloom?
    C knew the financial state of the company
  • Why was there no reliance in JEB Fasteners v Bloom?
    C was aware of the company's financial state