Economic Loss Flashcards
What are the two types of economic loss?
Pure and consequential
What is pure economic loss?
Loss of money only
What is consequential economic loss
Loss of money due to personal injury or property damage
Spartan Steele v Martin applies to what?
Pure economic loss
When is pure economic loss recoverable?
Only where there is a negligent misstatement and a special relationship
What is the new duty of care/special relationship test for pure economic loss?
Specialist skill
Relied on to their detriment
Reasonable to rely on the statement
D knew purpose of advice
If advice was to be passed to a third party, D needs to be aware
Mutual life v Evatt applies to what?
Specialist skill
Yianni v Edwin Evans applies to what?
Relied on to their detriment
James McNaughten Paper Group v Hicks applies to what?
Reasonable to rely on the statement
Caparo v Dickman applies to what?
D knew purpose of advice or that it was to be passed to a third party
After successfully applying the special relationship test, what further tests need to be applied?
Breach of duty and resulting damage