Duty of care and economic loss - major cases.
DUTY OF CARE: ECONOMIC LOSS Basic Distinctions The law draws a distinction between: . pure economic loss; and, . economic loss which is directly consequential of reasonably foreseeable physical damage. The law also distinguishes between: . pure economic loss caused by negligent misstatement; and, . pure economic loss caused by a negligent act of the defendant. Pure Economic Loss There is no liability for pure economic loss in the absence of a contract between the claimant and the defendant. In Cattle v. Stockton Waterworks (1875) L.R. 10 QB 453 Blackburn J held that building contractors could not recover extra expenses incurred in finishing a tunnel after water, from the defendant’s works had flooded the tunnel and nearby land. Although the flooding was caused by the defendant’s negligence, there was no contract between the claimant and the defendant and no duty was therefore owed. Blackburn J said “…the question arises, can Cattle sue in his own name for the loss which he has in fact sustained, in consequence of the damage, which the defendants have done to the property of Knight, causing him, Cattle, to lose money under his contract? We think he cannot.” This was accepted and applied by Widgery J in Weller & Co. v. Foot and Mouth Disease Research Institute [1966] 1 QB 569. The defendants occupied premises where they carried out experimental work in
Any breach of statutory duty should give rise to a cause of action in tort for any person who suffers injury, damage or loss as a consequence
"Any breach of statutory duty should give rise to a cause of action in tort for any person who suffers injury, damage or loss as a consequence." In this essay I will analyse and explain how statutory duties are breached, and clarify what happens as a result. In doing so I will also illustrate the cause of action for any person who suffers loss, damage or injury as a consequence. What is a breach of statutory duty? Before a defendant can be brought before a court on charges of breaching a statutory duty. The following element must be proven, or have evidence that the defendant has failed to comply with a statutory obligation, that they were legally obliged to fulfil or carry out. A breach of statutory duty is an independent tort, which is totally separate from the tort of negligence. There are three different types of category applicable to breach statutory duty. These are: . Injury as a result of breaching a statutory duty. 2. Damage as a result of breaching a statutory duty. 3. Loss as a consequence of breaching a statutory duty. Exceptions to breach of statutory duty There are three exceptions to the rule applicable in the breach of a statutory duty. These are: . Protected class (Which includes minors) 2. Public rights (Which is the need for "Particular damage") 3. Special damage (Are given for damages that have been specifically proved) Remedies Due to
Relational economic loss
Introduction "Relational economic loss" describes the loss flowing from negligent damage to the property of a third party, where the plaintiff is in a contractual or other relationship with that third party. 1 At first glance, the notable similarity between Canadian and Australian jurisprudence on relational economic loss is the lack of cohesiveness and certainty within its appellate courts. In Caltex2 and Norsk3 - both landmark cases delineating the principles in this area of law - a considerable diversity of reasoning within the majority judgements of both the High Court of Australia and the Supreme Court of Canada was evident. In examining the more recent judgements of Perre4 and Bow Valley5, this paper compares the judicial evolution of both countries in an area described as "the cutting edge of the law of torts."6 It is suggested that Perre has not satisfactorily remedied the state of Australian law governing pure economic loss. Conversely, while the legal underpinnings of Bow Valley are contentious, on balance, it is argued that its uniform methodological approach promotes a far greater level of clarity and consistency in the law. Legal Background Traditionally, there has been no action in tort for purely economic loss - that is, loss not consequent upon personal injury or property damage to the plaintiff. This is known as the exclusionary rule, which before the
Discuss how brain functioning influences behaviour. In your discussion, focus in particular on the way in which trauma or disease may lead to neurological deterioration or damage, and how such deterioration or damage might affect behaviour.
Course Name: Biological Bases of Behaviour Word count: 1366 (excluding ref. list) Essay Topic: Discuss how brain functioning influences behaviour. In your discussion, focus in particular on the way in which trauma or disease may lead to neurological deterioration or damage, and how such deterioration or damage might affect behaviour. "The highest activities of consciousness have their origins in physical occurrences of the brain just as the loveliest melodies are not too sublime to be expressed by notes." W. Somerset Maugham - British author (1874-1965) Human behaviour, no matter how simple or complex, is orchestrated by the highly intricate and ordered functioning of convoluted white and grey matter, collectively know as the brain. The brain has been termed "the single most complex object in the known universe" (Reber & Reber 2001, p.99). Piano playing involves many of these elaborate functions. This behaviour will be discussed as it relates to normal brain functioning. In contrast, a study of Alzheimer's disease will be examined briefly, in terms of how neurological damage may affect piano-playing, and how this type of brain damage may (or may not) lead to a deterioration in brain functioning in certain areas. When a pianist sits in front of a piano, looks as a page of musical notes, and strikes a chord as a result, a very organized sequence of
Tort Coursework Cases -traffic accident and medical cases
Tort Assessed Coursework By Bethany Norris N0382496 Submission Date: 24/02/2012 Word Count: 1500 Tutor: Lynne Shone Introduction To bring a claim for negligence in tort a claimant must prove that a.) the defendant owed them a duty of care, b.) the defendant did not meet the standard of care required, c.) the breach of duty by the defendant caused the harm suffered by the claimant and d.) the loss was not too remote. If one of these elements fails then there can be no claim. Andrea v Bernice A road user owes other road users a duty of care[1]; other road users include pedestrians, motorists and cyclists. A duty is breached when the required standard is not met; in this case the standard is that of a competent driver[2]. Bernice would not be able to use the case of Quinn v Scott [1965] [3] which held that speeding is not necessarily negligent; however, this judgement was made before the introduction of speed limits and so Bernice breached the standard by travelling above the speed limit thereby hindering her ability to stop before hitting Andrea. To establish causation we must look at the facts more closely. To determine whether the defendant caused the harm the “but for” test[4] must be applied. But for Bernice’s negligent driving would Andrea have suffered two broken legs? The answer is no, however, Bernice will be able to use the defence of contributory
Ecstasy and Brain Damage.
Ecstasy (MDMA) and Brain Damage. John Aird Introduction. 3,4-Methylenedioxymethamphetamine (MDMA), commonly called "Ecstasy", is a drug used for recreation in many countries (mainly in the developed world). It was first patented in 1912 by German pharmaceutical giants Merck, who named it "Methylsafrylamin". [1] It appeared as a street drug in the late 1960s in the US, where it garnered the name 'love drug' due to it's emotional effects. It was not until the 1980s, however, when use became widespread over North America and Europe. In the UK, it was especially popular in on the rave scene of the late '80s/early '90s with students. [6] MDMA is usually found in the form of a compressed powder tablet or a capsule and is usually taken orally, sometimes smoked and almost never injected (see Figure 1). Its chemical structure is similar to methamphetamine (see Figure 2), and has hallucinogenic effects like drugs such as LSD, however these effects are not as pronounced. [6] Even though it is less potent than drugs such as LSD, it is still a class A drug (UK), most likely due to the fact that the long-term effects are still largely undefined and highly disputed in the scientific community. [5] Despite its classification, the use of the drug has risen dramatically over the past 15-20 years. Between 1991 and 1997 the percentage of college students (US) who had taken MDMA rose from
The feasibility of rehabilitation in brain damage.
Brain damage in general is a complex area to understand. Whether it is brain damage through sudden head trauma due to an accident or due to a biological disease it is equally difficult to understand. This is in large due to the complexity of the brain and the relatively little known about it. One of the interesting factors raised about the subject of brain damage is that of the feasibility of rehabilitation following brain damage. Many interesting factors have been illustrated over the years that demonstrate the feasibility of rehabilitation in patients. In order to explain the feasibility, it would be appropriate to review the techniques used for rehabilitation and the success it has had on patients following brain damage. Furthermore it would also be appropriate to explain what factors most strongly affect recovery of functions and to also think of ways in which to improve the rehabilitation process. The first question that will be addressed is, to what extent is rehabilitation following brain damage feasible? This is an interesting aspect of brain damage because it cannot be put in general terms. Recovery from a brain injury depends largely on the nature of the injury, the extent of damages and the quality of initial treatment. There are a variety of different medical approaches and techniques that focus on aiding the recovery of patients from brain damage, with
Contract law - review of cases.
INTRODUCTION Law is such a big word which includes a system of rules enforced by members of a particular state. In order to run a good business, it is essential to know as much laws as you can. And contract law is one of law’s issues. Contract is “an agreement which legally binds the parties to it” (BPP Learning Media, 2010). The contract law aims to build a clear understanding between parties about what they agree to. According to a comment of a Vietnamese lawyer, there are countries which are really good at enforcing contracts, while some others do not. And in the list of good countries, she stated Australia, United States, Germany, and France. Asking for the reason, she said that it could be because of the high disciplined culture within countries. In addition, under her point of view, the commercial contract is the most difficult and complicated contract. Normally, its impact is big that requires the court to have the fairest decision to all parties. In this report, the basic knowledge about contract law is shown in clear order. To make every point be clear, the researcher cited a lot of lawsuits followed each factor of the laws mentioned. Due to the limitation of work, all summaries with analysis and decisions of several cases are mentioned in the appendices. ________________ (All the cases which are cited in this report are in the appendices) . THE ESSENTIAL
Remoteness of damage is an interesting principle especially when analyzing two specific cases. They are apparently allocated in different areas of law, functioning in England and Wales. In first case claimant is Overseas Tankship (UK) Ltd and brings a sui
Remoteness of damage is an interesting principle especially when analyzing two specific cases. They are apparently allocated in different areas of law, functioning in England and Wales. In first case claimant is Overseas Tankship (UK) Ltd and brings a suit against Morts Dock and Engineering Co Ltd.1 The case lays down principles relating to negligence in law of tort, more precisely remoteness of damage. Second case Hadley v Baxendale2 is sequentially leading case on remoteness of damage in contract law. This principle links these two cases together and also demonstrates differences between them. According to Oxford dictionary of law3 remoteness of damage is "the extent to which a defendant is liable for the consequences of his wrongful act or omission." Cases mentioned above will be presented in light of this significant principle, which limit the types of loss that are recoverable. First of all the facts of the cases are relevant to present principles in area of tort and contract law. The Wagon Mound No 11case is about the defendant's vessel, The Wagon Mound. It discharged furnace oil into Sydney Harbour. The wind and tide carried the oil beneath Claimant's wharf where on by Claimant's employees welding operations were being carried. Claimant's employees continued their work after being advised that they could safely weld. After about 55 to 60 hours the original discharge,
The Law of Tort - example cases
LAW ASSESSMENT The Law of Tort is primarily concerned with provisions of remedies to those harmed by the conduct of others. A Tort can be described as a civil wrong, compensation for which can be claimed by the party who has sustained a loss as a consequence of the committed wrong. Tort is inclusive of negligence and a claimant may succeed in an action in negligence by proving firstly that the defendant owed him a duty of care, secondly that the defendant was in breach of that duty and finally that the plaintiff suffered damage as a result. CASE I A plaintiff can claim in negligence if he suffers financial loss due to negligent mis-statement. 'Special relationship' between parties and the 'special skill' represented by the defendant together with 'Reliable reliance' are the necessary elements required by a Plaintiff for establishing a liability in a professional negligence action. Albert's trust and action can be discounted, as Barry was not qualified to provide professional advice pertaining to investment decisions. Also, the advice was imparted in a social set up and thus held little trust for serious consideration. Lastly, Albert had not specially requested for considered advice, mentioning to Barry that it would be adhered to. Therefore, the condition of notion of proximity was not satisfied. According to Lord Devlin's formulation, a duty of care arose only when
