Liability for economic loss and PI Flashcards
What is pure economic loss and can it be claimed in tort
Loss of profit Spartan steel 1973 and no as more issue of contract
When can PEL be claimed in negligence
Due to a negligent misstatement
What’s a negligent misstatement
Statement made honestly but incorrectly
What is the criteria to claim for PEL after a NM
Must be a negligent statement and a special relationship must occur Hedley Byrne 1964
What does Caparo 1990 say about a special relationship
- Posession of a special skill on behalf of person giving advice
- reliance by claimant on advice
- advice communicated directly to claimant
- person giving advice knows it’ll be used
- no disclaimer
What do you have to prove for a successful PI claim
Sudden events where D was negligent
Some form of mental injury
Claimant passes Alcock criteria
Person of reasonable fortitude would have suffered same injury
What does a mental injury need to be more than
Mere shock or grief
What does Obrien 1982 say about claiming nervous shock
Claim can be made by someone who had close ties of love and affection with V of accident
Shock could be suffered at scene of accident or immediately after
What’s the difference between a P and S V
P: those involved
S: not involved but suffered MI because of what they saw or heard at accident or immediately after
What is the Alcock Corrie is 1992
Claimant needs ties of close live and affection (in fact and relationship)
Claimant suffered mental injuries at scene (between two hours Obrien but not eight Alcock)
Claimant suffered shock through his or he’s own unaided senses
What other claimant categories are there and can they claim
Chadwick 1967: professional rescuers can claim but only if they put selves at risk White 1998
Bystanders: can’t claim unless Alcock McFarlane 1994
Property owners: potentially of accident witness Attia 1987
Near missers: Yes PV
gradual rather than sudden shock: long period of decline no Sion 1994, short then maybe Walters 2002
