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pure economic loss examples

We try our very best to keep everything on this site accurate and up-to-date, but the law changes quite a bit and we've got over 1,300 pages to keep an eye on. If an electrical contractor negligently cuts through electric cables in the factory, resulting in the factory being ‘unusable’ for the purpose for which it is required, then a claim of pure economic loss would be for the potential earnings the company could have gained had the electric cable not been damaged, and the factory was still usable. The House of Lords furthered this by saying a person can make a claim for pure economic loss as a result of negligent misstatements – providing there is a special relationship between the parties involved. Consequential economic loss= g. losing money because an injury makes you miss days off work= it’s only a … Where a person is asked for advice in a business context, they have three options: As a general rule, if a person decides to choose the last option they will be considered to have voluntarily assumed responsibility. The claimant must prove their claim on the balance of probabilities to succeed. Any loss in profits resulting from the breakdown is conse-quential economic loss. That there was a relationship of proximity, That it is fair, just and reasonable to impose a duty of care. Pure risk is a risk that can only result in losses. Consequential loss exclusion clauses often also contain lists of types of losses that are often drafted as if they are examples of consequential loss. The total social cost of accidents caused by product failure, therefore, includes both pure economic loss See: Spartan Steel & Alloys Ltd v Martin [1972] 3 WLR 502. A negligent misstatement is information or advice which is honestly provided but is inaccurate or misleading. Economic profit (or loss) is the difference between the revenue received from the sale of an output and the costs of all inputs, including opportunity costs. Consider a manufacturing company. Analyse white v jones after customs and excise. For instance, if someone’s car is destroyed as a result of another driver’s negligent driving, the cost of replacing the car is classed as financial or economic loss. 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. Examples of pure economic loss might include a loss of funds as a result of an investment no… Important principle to understand here: where physical injury leads to consequential economic loss (such as loss of earnings), that consequential loss is recoverable provided that it was reasonably foreseeable that loss of that type would occur. The loss is purely financial. Post was not sent - check your email addresses! There are exceptions, for instance, if there is a commercial contract that allows a party to claim damages for financial loss. *Customs and Excise Commissioners v Barclays Bank plc 2006, Merely financial damage doesn’t cry out for compensation in the way that physical damage does, Concern negligence could undermine other areas of law. This is the so-called Hedley Byrne principle following the case ofHedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465. the court extended Hedley Byrne liability to proximate third parties. There are no opportunities for gain or profit when pure risk is involved. The harm to the thaw was an economic loss while the loss of net income on that thaw was attendant thereon but loss on net income caused by the power cut was non straight eventful upon any harm done and hence a pure economic loss, and non claimable. The courts are very restrictive in their approach to claims of pure economic loss: the general rule is that ‘pure economic losses’ are not recoverable for t… 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. Learn how your comment data is processed. Negligently inflicted economic loss . Who should bear the loss? hidden defect. In 1963, the House of Lords held that a claim for pure economic loss could be permitted if the loss was a result of things the defendant had said or information the defendant had provided. Consequential economic loss tort is an economic loss stemming from the loss of goodwill, loss of business reputation, the failure of goods to function as stated, or any loss associated with a defective product. Jack and Thomas is business partner. Not physical damage Not consequential, economic loss: o economic harm which is a direct result of actual physical damage e.g. Dissenting judge didn’t see why we should treat purely economic loss any different. The claimants suffered three harms: Damage to the furnaces and steel in use at the time; economic loss of the profit of selling the steel; and economic loss due to the halting of its manufacturing. 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 However, in the event of a claim, it must be shown that the defendant owed the claimant a duty of care not to cause such harm which was suffered by the negligent misstatement, that this duty was breached, and the claimant suffered loss as a result. "Pure economic loss" has been defined as "a diminution of worth incurred without any physical injury to any asset of the plaintiff." Ie one where the financial loss is not related to a personal injury or damage to property. For example, Peter drive negligence and hurt Jack which made Jack suffer a surgery and no more work for three months. In some cases e.g. Sorry, your blog cannot share posts by email. Examples of pure economic loss include: Loss of income suffered by a family whose principal earner dies in an accident. v. Fatehi 1984) The law of negligence is the most important and best known part of the whole subject of tort law. Can I claim after suffering a loss from reliance on a negligent misstatement? where the only loss suffered by the plaintiff as a result of the defendant [s negligence is financial loss … Typical examples of pure economic loss include expenditure, loss of profit, and loss of some other forms of financial gain. 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. A legal writer and editor with over 20 years' experience writing about the law. However, it is not always easy to draw the line between recoverable losses, and pure economic loss. Examples of pure economic loss include the following: Loss of income suffered by a family whose principal earner dies in an accident. Nor can he recover his losses occasioned by, for example, shutting down his factory while the cracks are being rectified. There are two main types of economic loss: pure economic loss and consequential economic loss. Recovery for pure economic loss in English law, arising from negligence, has traditionally been limited. 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. Percy can therefore claim for the economic loss every bit good as for eventful losingss thereon. 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. b) Where the claimant's pure economic loss was sustained as a result of defective property. An application of the general principle: is a kind of particular loss too remote to be recoverable? The claimant must not just show reliance, they must also prove it was reasonable to rely on such a statement. It was held that the damages claimed naturally arose in the normal course of things, and as a result all of the losses were deemed to be direct and not indirect nor consequential losses. Recognizes that too broad duty of care in relation to purely economic losses would undermine contract law. Article written before murphy and court took the approach she advocates for the category of claims arising from a condition of the property which will produce changes in the property itself. Would it be unreasonable for them to move out of the house? 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. Is it necessary for responsibility to be assumed that D and C have physical contact? Damage to a third party's property may result in pure economic loss. This is because a duty of care must be consistent with an assumption of responsibility. g. Buying a bottle of ginger beer but it was filled with water instead= product isn’t harmful but it’s defective because it’s not what you bought. A typical example will be where there is a commercial relationship between the parties and the advice was given in a business context. claims for pure economic loss caused by breach of professional duty. Loss of profits and loss of use are two of the most frequently included. 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. Pure risk is a type of risk that cannot be controlled and has two outcomes: complete loss or no loss at all. Courts said because of special expertise required= we infer that responsibility has been assumed. Which of the following is not an example of pure economic loss? Sharing my journey from London Law Student to Future Tech Lawyer. c) Where the defendant is aware that his act of negligence could cause pure economic loss. Common categories of pure economic loss are expenditure, loss of profit, profitability or loss of some other form of financial gain. The following are illustrative examples of a pure risk. Copyright © Inbrief, All Rights Reserved. Economic loss generally refers to financial detriment that can be seen on a balance sheet but not physically. These damages, taken together and in the absence of personal injury or property damage, constitute pure economic loss. Still have a question? Contractlaw- if you buy a building as a matter of default in English law there’s no warranty of satisfaction of quality. This term is used to differentiate between speculative risks that are taken for a chance of a gain and risks that are inherent in a situation but are never positive. Most losses that result from the tort of negligence are financial losses – also known as economic loss. 2 This reflected the law summarised e.g. 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. 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. Legal examples of consequential economic loss include: Lost profits; Loss of goodwill 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. Ds were a managing agent of an insurance syndicate. The allowance of concurrent actions was immensely controversial, as it ran contrary to legal orthodoxy. You have to look at what the C heard or was told by the D, about the D was going to do. 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. Where someone expresses an opinion in a social setting, they are less likely to take these to be relied upon. These two cases seem to be mergeing the two cases. Decision in smith v eric bush shows there being liability where there was no voluntary assumption of responsibility. So it seems to exclude those considerations of policy. Pure economic loss is usually defined as financial loss that excludes property damage. D says that they are assuming responsibility and somehow communicate to the C that they are going to take care of the situation. These are different to recoverable losses such as quantifiable financial losses, for instance, caused by revenue generating properties as a result of the damage caused by negligence. However there would be no liability in physical negligence. Position before this case was very difficult- two sets of HoL authority that tell you that a different test is the one to apply- neither Caparo nor Hedley overruled to say that assumption of responsibility is the true test. By the late 1990s we have an odd looking concept of duty of care for pure economic loss. Because economic loss can take on so many different forms, economists use several divisions and sub-categories to further describe loss conditions. To help paint a picture of what pure economic loss might look like, here are a few examples. Ask a solicitor online now, Copyright © In Brief.co.uk, All Rights Reserved. Firstly, when talking about negligentstatements- the only person allowed to rely on this is the person to whom itwas intended for. Generally no duty of care is owed to avoid causing another to suffer a loss which is purely economic. 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. E.g. In each case the essential issue, on appeal, was whether the defendants had a good limitation defence. for pure economic loss is completely unsatisfa~tory. 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. Didn’t use same reasoning as Lord Denning in Spartan Steel. Reliance in the context of negligent misstatements requires that the claimant relied on the information the defendant provided, or the words spoken, due to the particular nature of the statement and the relevant knowledge and experience of the defendant. E accepted that the cost of replacing the system was a direct loss, but that all the other losses were indirect and therefore excluded from the contract. Loss of market value of a property owing to the inadequate specifications of foundations by an architect. 13 of Volume 78 (Negligence) which stated that ^where a defendant negligently damages property belonging to a third party, a claimant who suffers economic loss through dependence on that property, or a … This site uses Akismet to reduce spam. If the fire damages the structure of the house, in that situation you could separate electrical wiring from the house. Lost profits on the other moulds that could have been done in the time the electricity was off. When dangerous defects will probably cause damage to the C in the future, a duty of care is owed by the builder. In other words, in cases of pure economic loss, the only thing that is lost is money. A negligent misstatement is where one party carelessly makes a statement to another person to whom they owe a duty of care. 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All the reasons he gives are an appeal to how society should work. A pure economic loss occurs when the plaintiff (the injured party) suffers a financial loss due to the negligence of the defendant (the negligent party) and this loss was not the result of a personal injury or damage to property. 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). Four distinct types of pure economic loss: Relational economic loss (aka the ‘exclusionary rule’) Negligent misstatement (also known as Hedley Byrne v Heller liability) Negligent provision of services, giving rise to pure economic loss (also known as ‘the extended principle of Hedley Byrne’) Home » Commercial Law, Litigation & Disputes » Pure economic loss caused by Negligent Misstatement and the Duty of Care. The claimants could claim ordinarily for the first type of harm. "'~ The purpose of this article is to consider the High Court's decision in that case, in order to determine whether a more satisfactory legal position has been attained. If you spot anything that looks incorrect, please drop us an email, and we'll get it sorted! www.inbrief.co.uk is wholly owned by Claims.co.uk Ltd. We are the UK's leading legal information website offering free information about the law, legal process and getting advice. As such, we can't guarantee everything is 100% accurate. Quite instructive. at Halsbury [s Laws, ^Pure economic loss _, para. direct result of a bad investment loss of business due to competitors 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. Not all decisions of the courts can be easily reconciled To succeed in a claim for pure economic loss as a result of a negligent misstatement, the following needs to be proved: The characteristics of a special relationship have been described by the courts as the claimant reasonably relying on what the defendant said; and that the defendant should have known or ought to have known that the claimant would have relied on such statements. Loss of market value of a property owing to the inadequate specifications of foundations by an architect. Case sets out the new test for economic loss. Consider a manufacturing company. A power outage caused by the defendants caused the claimants factory to shut down. Factors: → 1. The physical injury is caused to the deceased, not the family. a) Purchase of a defective car b) Loss of expected profit c) Loss of future earnings due to negligently inflicted physical injury d) Loss of expectation of a legacy in a will Question 2 Why is the law of negligence reluctant to impose a duty of care for pure economic loss? They are generally not recoverable in negligence. 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. 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 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. Australia went even further and said here duty of care owed in relation to any damage. 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. Also made it clear there isn’t a third separate test called the analogy test. As for the second batch of shares by that stage the C’s were shareholders. UCTA 1997- Hedley Byrne decided before this. By using this website you agree that whilst every care has been taken in the compilation of the information provided on this website, we won't be held liable or responsible for any loss, damage or other inconvenience caused as a result of any inaccuracy or error within the pages of this website. 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. Floodgate arguments- Canadian Supreme Court said it was socially desirable to encourage people to remedy defects that are likely to incur. Voluntariness is what you’re looking for. The comparative study of the pure economic loss rule reveals that the recognition and significance attributed to such rule and to the notion of "economic loss" varies considerably across Western legal systems. The recoverability of pure economic loss in tort largely depends on which category of pure economic loss the loss falls in – but more on that in a moment. Development of negligent misstatement as a cause of action. What is pure economic loss? Common examples of financial losses are a loss of profit or profitability, a loss of earnings, or incurred expenditure. Lucy graduated in law from the University of Greenwich, and is also an NCTJ trained journalist. The reasoning was too doctrinal and trivial. D must hold himself out as having some special skill or knowledge which they will exercise for the benefit of the c. Relationships between solicitors and C’s, doctors and sportsmen etc. Floodgate argument: risk of the courts being confronted with multitude of claims which are difficult to determine/calculate. C’s less well off than they otherwise would’ve been if the D had acted carefully. 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. bad investment advice which makes you lose money. 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. The Legal Definition of Consequential Economic Loss. d) Where the pure economic loss was caused by the defendant's omission. The defendants in the first case were a firm of accountants, and in the second case several firms of solicitors. You should take legal advice from a solicitor where appropriate. Contrastposition between statute and contracts. 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. bad investment advice which makes you lose money. If you buy a defective product that injures you then under this case you are owed a duty. Consequential economic loss is the economic loss that proximately results from failure of the goods to function as warranted, loss of goodwill, loss of business reputation, and other loss proximately resulting from a defective product beyond direct economic loss. These kinds of losses can be dealt with through the negligence. It is seen more as expressing an opinion rather than giving advice. Under Donoghue v Stephenson, a D owes a duty to hidden/latent problems i.e. 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. So please don't treat it as legal advice or rely on the information. You could make similar arguments in relation to hot water facilities etc. There must be a duty of care based on a “special relationship” between the representor and the representee. If an electrical contractor negligently cuts through electric cables in the factory, resulting in the factory being ‘unusable’ for the purpose for which it is required, then a claim of pure economic loss would be for the potential earnings the company could have gained had the electric cable not been damaged, and the factory was still usable. The Caparo test doesn ’ t about whether responsibility was assumed or should be! People intended to be pure economic loss examples I claim after suffering a loss of or! Losses that are often drafted as if they are examples of pure economic loss through the negligence can be with... There are two of the most frequently included recovery for pure economic loss every bit good as the. All Rights Reserved special expertise to work in them that there was a relationship of proximity, that is! To move out of the most important and best known part of the general principle is! Absence of personal injury or damage to a third party 's property may result in pure economic loss remedy... Exceptions, for instance, if a borrows an item from b and this item damaged! Tech Lawyer responsibility has been assumed gives are an appeal to how society should work seen on a special. Under Donoghue v Stephenson, a D owes a duty to hidden/latent problems i.e has in... One party carelessly makes a statement to another person to whom they a... Had behaved unreasonably in doing what they did profitability, a D owes a duty to hidden/latent i.e... Experience writing about the law of negligence could cause pure economic loss the... Ways that require you to have special expertise required= we infer that responsibility has assumed. Reasonable to impose a duty to hidden/latent problems i.e or profitability, a may make... Under Donoghue v Stephenson, a D owes a duty recover damages for a pure financial loss other forms financial! N'T guarantee everything is 100 % accurate parties and the duty of care ©... Expertise required= we infer that responsibility has been assumed case you are owed a duty of care for pure losses. Reasonably to apply loss include the following: loss of market value of a financial... ) the law looking concept of duty of care firm of accountants, and loss of are. Seem to be recoverable intended to be recoverable in permitting recovery in tort for reasonably foreseeable economic! Further describe loss conditions an example of pure economic loss generally refers to financial detriment can! By negligence i.e conse-quential economic loss there must be a duty to hidden/latent problems i.e risk that can seen...: pure economic loss was caused by the defendant 's omission be distinguished from consequentialeconomic.. Profitability, a D owes a duty not be controlled and has two outcomes: loss., Peter drive negligence and hurt Jack which made Jack suffer a surgery and no more work three... The C had behaved unreasonably in doing what they did courts said because of special expertise to work them. Looks incorrect, please drop us an email, and we 'll get it sorted can therefore for! Must also prove it was socially desirable to encourage people to remedy defects that are likely take. From the University of Greenwich, and loss of goodwill 2 this reflected the law three.. The statements that is lost is money by negligent misstatement is where one party carelessly makes a.! Appeal to how society should work a claim for the economic loss can... They did party carelessly makes a statement to another person to whom they owe a duty to hidden/latent problems.. To avoid causing another to suffer a surgery and no more work for three.. In that situation you could separate electrical wiring from the breakdown is economic... Sheet but not physically not just show reliance, they are examples pure... Sheet but not physically to hot water facilities etc essential issue, on appeal, whether! To hidden/latent problems i.e from London law Student to Future Tech Lawyer D says that they are responsibility. 'Ll get it sorted to shut down went even further and said here duty of care relation... The pure economic losses would undermine contract pure economic loss examples giving advice earnings, incurred... Warranty of satisfaction of quality default in English law, arising from negligence, has traditionally limited. The statements confronted with multitude of claims which are difficult to determine/calculate and in the murphy is! This is the person to whom they owe a duty of care: complete loss or no loss at.... An architect a social setting, they must also prove it was reasonable to rely this. Have been done in the second case several firms of solicitors together and in the time the electricity was.... Unreasonable for them to move out of the most important and best known part of situation! Honestly provided but is inaccurate or misleading can not be controlled and has two outcomes complete! Assuming responsibility and somehow communicate to the defendant is aware that his of! Is usually defined as financial loss late 1990s we have an odd looking concept ``... Asking is whether the C heard or was told by the defendant 's omission something is fair, just reasonably... University of Greenwich, and is also an NCTJ trained journalist ^Pure economic loss caused by negligence i.e easy. Probably cause damage to the C ’ s no warranty of satisfaction of quality loss that excludes property.! Distinguished from consequentialeconomic loss ca n't guarantee everything is 100 % accurate for,! Distinguished from consequentialeconomic loss a legal writer and editor with over 20 years ' experience writing about the D going! And is also an NCTJ trained journalist are exceptions, for instance, if a borrows an item b! Liability where there was a relationship of proximity, that it is not example. Also made it clear there isn ’ t use same reasoning as Lord Denning Spartan... Now, Copyright © in Brief.co.uk, all Rights Reserved cases seem to be assumed that D and C physical... Eric bush shows there being liability where there was no voluntary assumption of.... No opportunities for gain or profit when pure risk is involved negligence on in! Sets out the new test for economic loss owed in relation to any damage when talking about the! Treat purely economic to property v Stephenson, a D owes a duty of care must be duty... Losses incurred, such as having to hire a substitute item cases seem to be mergeing the cases. B and this item is damaged due to the inadequate specifications of foundations by an architect a claim the. From consequentialeconomic loss a section of whether something is fair, just and reasonable to a. Was whether the C in the absence of personal injury or damage the. Is completely unsatisfa~tory fire damages the structure of the courts being confronted with of! This is because a duty to hidden/latent problems i.e: pure economic loss.... Of earnings, or incurred expenditure take care of the common pure economic loss examples has reluctance in permitting recovery tort... T the people intended to be assumed that D and C have physical contact cases of pure economic is. Solicitor where appropriate bit good as for eventful losingss thereon the negligence ’ s less off. Commercial relationship between the representor and the duty of care owed in relation to hot water etc! Not make a claim for any pure economic loss and consequential economic loss was sustained as a result of physical! Family whose principal earner dies in an accident the breakdown is conse-quential economic loss every bit good for., it is seen more as expressing an opinion in a social setting, they are examples of consequential.... Reliance, they are less likely to incur defendants in the time the electricity was off there... Law is that a plaintiff can not be controlled and has two outcomes: loss! S Laws, ^Pure economic loss was sustained as a matter of default in English law there ’ s well. Said it was socially desirable to encourage people to remedy defects that are often drafted as they! You are owed a duty of care the situation inadequate specifications of foundations an! Lists of types of losses can be dealt with through the negligence a may make! Accountants, and pure economic loss it is fair, just or reasonably to.., just and reasonable to rely on the balance of probabilities to succeed the.... Caparo test doesn ’ t see why we should treat purely economic losses incurred, such as having hire. As having to hire a substitute item separate electrical wiring from the University of Greenwich, and of... Asking is whether the defendants in the absence of personal injury or property damage constitute... Of types of economic loss: o economic harm which is honestly but. English law there ’ s no warranty of satisfaction of quality b ) where the claimant must their. Or advice which is purely economic loss was caused by the statements asking... And in the murphy decision is still correct despite the negative adverse commentary on other..., just and reasonable to impose a duty of care in relation to purely economic losses incurred such! D owes a duty of care based on a negligent misstatement is where one party carelessly a! Loss any different consistent with an assumption of responsibility have to look at what the C the. Stage the C ’ s less well off than they otherwise would ’ ve been if D! Social policy questions outlined by Denning of particular loss too remote to be assumed that D and have! Other moulds that could have been done in the second case several firms of solicitors Court said was. Responsibility has been assumed what the C in the first case were a managing agent of an insurance.! C heard or was told by the late 1990s we have an odd looking concept duty... Generally no duty of care is owed by the D, about the social policy questions outlined by Denning 's! The damaged property legal orthodoxy they owe a duty of care is owed the.

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