This is a well written and clear set of lecture notes to do with the law of tort. Separated into clear and easy to understand sub sections. Notes made by an Accelerated law student in the 2 year law programme, case laws and notes are included. Negligence and economic shock.
Negligence gives compensation for economic loss – Money Loss
Pure economic loss – simply financial loss (loss of profit)
General rule – no compensation for economic loss
Claims for economic loss should be made in contract.
Weller v Foot and Mouth Institute [1966]
Escaped from laboratory, entered the food chain and was affecting cattle – cattle had to be
killed.
All cattle to be quarantined – no auctions to sell cattle – losing money
Sued defendents for negligence
HELD: Weller did not suffer any ohysical harm and no duty of care was owed.
Cases for pure economic loss cannot be compensated in tort law.
Economic Loss and Physical Damage:
If someone suffers physical damage to property (or person) which also causes economic loss
they can claim for that economic loss.
This is known as CONSEQUENTIAL ECONOMIC LOSS: Loss that follows from an injury from a
claimant or damage to their property.
Spartan Steel v Martin (1973) (CA)
- D carrying out roadworks and cut through electricity from utility company, the mill was
affected from the lack of power – suffered 3 losses:
Metal pink process damaged, has to be thrown away
Profit lost on the metal
The steel mill closed and sow C lost profit on melts that was lost that day.
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